[Congressional Record (Bound Edition), Volume 152 (2006), Part 5]
[House]
[Pages 6881-6907]
[From the U.S. Government Publishing Office, www.gpo.gov]




          LOBBYING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006

  The SPEAKER pro tempore. Pursuant to House Resolution 783 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 4975.

                              {time}  1507


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 4975) to provide greater transparency with respect to 
lobbying activities, and for other purposes, with Mr. Chocola (Acting 
Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, all time for general debate had expired.
  In lieu of the amendments recommended by the Committees on the 
Judiciary, Rules, and Government Reform now printed in the bill, the 
amendment in the nature of a substitute consisting of the text of the 
Rules Committee print, dated April 21, 2006, modified by the amendment 
printed in part A of House Report 109-441, is adopted.
  The text of the amendment in the nature of a substitute, as amended, 
is as follows:

                               H.R. 4975

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Lobbying 
     Accountability and Transparency Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--ENHANCING LOBBYING DISCLOSURE

Sec. 101. Quarterly filing of lobbying disclosure reports.
Sec. 102. Electronic filing of lobbying registrations and disclosure 
              reports.

[[Page 6882]]

Sec. 103. Public database of lobbying disclosure information.
Sec. 104. Disclosure by registered lobbyists of past executive branch 
              and congressional employment.
Sec. 105. Disclosure of lobbyist contributions and gifts.
Sec. 106. Increased penalty for failure to comply with lobbying 
              disclosure requirements.
Sec. 107. GAO study of employment contracts of lobbyists.

                  TITLE II--SLOWING THE REVOLVING DOOR

Sec. 201. Notification of post-employment restrictions.
Sec. 202. Disclosure by Members of the House of Representatives of 
              employment negotiations.
Sec. 203. Wrongfully influencing, on a partisan basis, an entity's 
              employment decisions or practices.

  TITLE III--SUSPENSION OF PRIVATELY-FUNDED TRAVEL; CURBING LOBBYIST 
                                 GIFTS

Sec. 301. Suspension of privately-funded travel.
Sec. 302. Recommendations on gifts and travel.
Sec. 303. Prohibiting registered lobbyists on corporate flights.
Sec. 304. Valuation of tickets to sporting and entertainment events.

            TITLE IV--OVERSIGHT OF LOBBYING AND ENFORCEMENT

Sec. 401. Audits of lobbying reports by House Inspector General.
Sec. 402. House Inspector General review and annual reports.

                     TITLE V--INSTITUTIONAL REFORMS

Sec. 501. Earmarking reform.
Sec. 502. Mandatory ethics training for House employees.
Sec. 503. Biennial publication of ethics manual.

              TITLE VI--FORFEITURE OF RETIREMENT BENEFITS

Sec. 601.  Loss of pensions accrued during service as a Member of 
              Congress for abusing the public trust.

                 TITLE I--ENHANCING LOBBYING DISCLOSURE

     SEC. 101. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

       (a) Quarterly Filing Required.--Section 5 of the Lobbying 
     Disclosure Act of 1995 (in this title referred to as the 
     ``Act'') (2 U.S.C. 1604) is amended--
       (1) in subsection (a)--
       (A) in the heading, by striking ``Semiannual'' and 
     inserting ``Quarterly'';
       (B) by striking ``45'' and inserting ``20'';
       (C) by striking ``the semiannual period'' and all that 
     follows through ``July of each year'' and insert ``the 
     quarterly period beginning on the first day of January, 
     April, July, and October of each year''; and
       (D) by striking ``such semiannual period'' and insert 
     ``such quarterly period''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``semiannual report'' and inserting ``quarterly report'';
       (B) in paragraph (2), by striking ``semiannual filing 
     period'' and inserting ``quarterly period'';
       (C) in paragraph (3), by striking ``semiannual period'' and 
     inserting ``quarterly period''; and
       (D) in paragraph (4), by striking ``semiannual filing 
     period'' and inserting ``quarterly period''.
       (b) Conforming Amendments.--
       (1) Definition.--Section 3(10) of the Act (2 U.S.C. 
     1602(10)) is amended by striking ``six month period'' and 
     inserting ``3-month period''.
       (2) Registration.--Section 4 of the Act (2 U.S.C. 1603) is 
     amended--
       (A) in subsection (a)(3)(A), by striking ``semiannual 
     period'' and inserting ``quarterly period''; and
       (B) in subsection (b)(3)(A), by striking ``semiannual 
     period'' and inserting ``quarterly period''.
       (3) Enforcement.--Section 6(6) of the Act (2 U.S.C. 
     1605(6)) is amended by striking ``semiannual period'' and 
     inserting ``quarterly period''.
       (4) Estimates.--Section 15 of the Act (2 U.S.C. 1610) is 
     amended--
       (A) in subsection (a)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''; and
       (B) in subsection (b)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''.
       (5) Dollar amounts.--
       (A) Registration.--Section 4 of the Act (2 U.S.C. 1603) is 
     amended--
       (i) in subsection (a)(3)(A)(i), by striking ``$5,000'' and 
     inserting ``$2,500'';
       (ii) in subsection (a)(3)(A)(ii), by striking ``$20,000'' 
     and inserting ``$10,000'';
       (iii) in subsection (b)(3)(A), by striking ``$10,000'' and 
     inserting ``$5,000''; and
       (iv) in subsection (b)(4), by striking ``$10,000'' and 
     inserting ``$5,000''.
       (B) Reports.--Section 5(c) of the Act (2 U.S.C. 1604(c)) is 
     amended--
       (i) in paragraph (1), by striking ``$10,000'' and 
     ``$20,000'' and inserting ``$5,000'' and ``$1,000'', 
     respectively; and
       (ii) in paragraph (2), by striking ``$10,000'' both places 
     such term appears and inserting ``$5,000''.

     SEC. 102. ELECTRONIC FILING OF LOBBYING REGISTRATIONS AND 
                   DISCLOSURE REPORTS.

       (a) Registrations.--Section 4 of the Act (2 U.S.C. 1603) is 
     amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Electronic Filing Required.--A registration required 
     to be filed under this section on or after the date of 
     enactment of the Lobbying Accountability and Transparency Act 
     of 2006 shall be filed in electronic form, in addition to any 
     other form that may be required by the Secretary of the 
     Senate or the Clerk of the House of Representatives. The due 
     date for a registration filed in electronic form shall be no 
     later than the due date for a registration filed in any other 
     form.''.
       (b) Reports.--Section 5 of the Act (2 U.S.C. 1604) is 
     amended by adding at the end the following:
       ``(d) Electronic Filing Required.--
       ``(1) In general.--A report required to be filed under this 
     section shall be filed in electronic form, in addition to any 
     other form that may be required by the Secretary of the 
     Senate or the Clerk of the House of Representatives. The due 
     date for a report filed in electronic form shall be no later 
     than the due date for a report filed in any other form, 
     except as provided in paragraph (2).
       ``(2) Extension of time to file in electronic form.--The 
     Secretary of the Senate or the Clerk of the House of 
     Representatives may establish a later due date for the filing 
     of a report in electronic form by a registrant, if and only 
     if--
       ``(A) on or before the original due date, the registrant--
       ``(i) timely files the report in every form required, other 
     than electronic form; and
       ``(ii) makes a request for such a later due date to the 
     Secretary or the Clerk, as the case may be; and
       ``(B) the request is supported by good cause shown.''.

     SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

       (a) Database Required.--Section 6 of the Act (2 U.S.C. 
     1605) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(9) maintain, and make available to the public over the 
     Internet, without a fee or other access charge, in a 
     searchable, sortable, and downloadable manner, an electronic 
     database that--
       ``(A) includes the information contained in registrations 
     and reports filed under this Act;
       ``(B) directly links the information it contains to the 
     information disclosed in reports filed with the Federal 
     Election Commission under section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434); and
       ``(C) is searchable and sortable, at a minimum, by each of 
     the categories of information described in sections 4(b) and 
     5(b).''.
       (b) Availability of Reports.--Section 6(4) of the Act is 
     amended by inserting before the semicolon the following: 
     ``and, in the case of a registration filed in electronic form 
     pursuant to section 4(d) or a report filed in electronic form 
     pursuant to section 5(d), shall make such registration or 
     report (as the case may be) available for public inspection 
     over the Internet not more than 48 hours after the 
     registration or report (as the case may be) is approved as 
     received by the Secretary of the Senate or the Clerk of the 
     House of Representatives (as the case may be)''.
       (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 Act, as added by subsection 
     (a) of this section.

     SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST 
                   EXECUTIVE BRANCH AND CONGRESSIONAL EMPLOYMENT.

       Section 4(b)(6) of the Act (2 U.S.C. 1603(b)(6)) is amended 
     by striking ``2 years'' and inserting ``7 years''.

     SEC. 105. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND GIFTS.

       (a) In General.--Section 5(b) of the Act (2 U.S.C. 1604(b)) 
     is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (4), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(5) for each registrant (and for any political committee, 
     as defined in 301(4) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431(4)), affiliated with the registrant), and 
     for each employee listed as a lobbyist by the registrant 
     under paragraph (2)(C), the name of each Federal candidate or 
     officeholder, and of each leadership PAC, political party 
     committee, or other political committee to whom a 
     contribution was made which is required to be reported to the 
     Federal Election Commission by the recipient, and the date 
     and amount of such contribution;
       ``(6) the date, recipient, and amount of any gift that 
     under the Rules of the House of

[[Page 6883]]

     Representatives counts towards the cumulative annual limit 
     described in such rules and is given to a covered legislative 
     branch official by the registrant or an employee listed as a 
     lobbyist by the registrant under paragraph (2)(C); and
       ``(7) the date, recipient, and amount of funds contributed 
     by the registrant or an employee listed as a lobbyist by the 
     registrant under paragraph (2)(C)--
       ``(A) to, or on behalf of, an entity that is named for a 
     covered legislative branch official, or to a person or entity 
     in recognition of such official; or
       ``(B) to an entity established, financed, maintained, or 
     controlled by a covered legislative branch official;

     except that this paragraph shall not apply to any payment or 
     reimbursement made from funds required to be reported under 
     section 304 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 434).''.
       (b) Factors to be Considered to Determine Relationship 
     Between Officials and Other Entities.--Section 5 of the Act 
     (2 U.S.C. 1604), as amended by section 102(b) of this Act, is 
     amended by adding at the end the following new subsection:
       ``(e) Factors to Determine Relationship Between Officials 
     and Other Entities.--
       ``(1) In general.--In determining under subsection 
     (b)(7)(B) whether a covered legislative branch official 
     directly or indirectly established, finances, maintains, or 
     controls an entity, the factors described in paragraph (2) 
     shall be examined in the context of the overall relationship 
     between that covered official and the entity to determine 
     whether the presence of any such factor or factors is 
     evidence that the covered official directly or indirectly 
     established, finances, maintains, or controls the entity.
       ``(2) Factors.--The factors referred to in paragraph (1) 
     include, but are not limited to, the following:
       ``(A) Whether the covered official, directly or through its 
     agent, owns a controlling interest in the voting stock or 
     securities of the entity.
       ``(B) Whether the covered official, directly or through its 
     agent, has the authority or ability to direct or participate 
     in the governance of the entity through provisions of 
     constitutions, bylaws, contracts, or other rules, or through 
     formal or informal practices or procedures.
       ``(C) Whether the covered official, directly or through its 
     agent, has the authority or ability to hire, appoint, demote, 
     or otherwise control the officers or other decisionmaking 
     employees or members of the entity.
       ``(D) Whether the covered official has a common or 
     overlapping membership with the entity that indicates a 
     formal or ongoing relationship between the covered official 
     and the entity.
       ``(E) Whether the covered official has common or 
     overlapping officers or employees with the entity that 
     indicates a formal or ongoing relationship between the 
     covered official and the entity.
       ``(F) Whether the covered official has any members, 
     officers, or employees who were members, officers, or 
     employees of the entity that indicates a formal or ongoing 
     relationship between the covered official and the entity, or 
     that indicates the creation of a successor entity.
       ``(G) Whether the covered official, directly or through its 
     agent, provides funds or goods in a significant amount or on 
     an ongoing basis to the entity, such as through direct or 
     indirect payments for administrative, fundraising, or other 
     costs.
       ``(H) Whether the covered official, directly or through its 
     agent, causes or arranges for funds in a significant amount 
     or on an ongoing basis to be provided to the entity.
       ``(I) Whether the covered official, directly or through its 
     agent, had an active or significant role in the formation of 
     the entity.
       ``(J) Whether the covered official and the entity have 
     similar patterns of receipts or disbursements that indicate a 
     formal or ongoing relationship between the covered official 
     and the entity.''.
       (c) Conforming Amendment.--Section 3 of the Act (2 U.S.C. 
     1602) is amended by adding at the end the following new 
     paragraphs:
       ``(17) Gift.--The term `gift' means a gratuity, favor, 
     discount, entertainment, hospitality, loan, forbearance, or 
     other item having monetary value. The term includes gifts of 
     services, training, and meals, whether provided in kind, by 
     purchase of a ticket, payment in advance, or reimbursement 
     after the expense has been incurred.
       ``(18) Leadership PAC.--The term `leadership PAC' means, 
     with respect to an individual holding Federal office, an 
     unauthorized political committee (as defined in the Federal 
     Election Campaign Act of 1971) which is associated with such 
     individual.''.

     SEC. 106. INCREASED PENALTY FOR FAILURE TO COMPLY WITH 
                   LOBBYING DISCLOSURE REQUIREMENTS.

       Section 7 of the Act (2 U.S.C. 1606) is amended--
       (1) by striking ``Whoever'' and inserting ``(a) Civil 
     Penalty.--Whoever'';
       (2) by striking ``$50,000'' and inserting ``$100,000''; and
       (3) by adding at the end the following:
       ``(b) Criminal Penalty.--
       ``(1) In general.--Whoever knowingly and willfully fails to 
     comply with any provision of this Act shall be imprisoned not 
     more than 3 years, or fined under title 18, United States 
     Code, or both.
       ``(2) Corruptly.--Whoever knowingly, willfully, and 
     corruptly fails to comply with any provision of this Act 
     shall be imprisoned not more than 5 years, or fined under 
     title 18, United States Code, or both.''.

                  TITLE II--SLOWING THE REVOLVING DOOR

     SEC. 201. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.

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

     SEC. 202. DISCLOSURE BY MEMBERS OF THE HOUSE OF 
                   REPRESENTATIVES OF EMPLOYMENT NEGOTIATIONS.

       The Code of Official Conduct set forth in rule XXIII of the 
     Rules of the House of Representatives is amended by 
     redesignating clause 14 as clause 15 and by inserting after 
     clause 13 the following new clause:
       ``14. (a) A Member, Delegate, or Resident Commissioner 
     shall file with the Committee on Standards of Official 
     Conduct a statement that he or she is negotiating 
     compensation for prospective employment or has any 
     arrangement concerning prospective employment if a conflict 
     of interest or the appearance of a conflict of interest may 
     exist. Such statement shall be made within 5 days (other than 
     Saturdays, Sundays, or public holidays) after commencing the 
     negotiation for compensation or entering into the 
     arrangement.
       ``(b) A Member, Delegate, or Resident Commissioner should 
     refrain from voting on any legislative measure pending before 
     the House or any committee thereof if the negotiation 
     described in subparagraph (a) may create a conflict of 
     interest.''.

     SEC. 203. WRONGFULLY INFLUENCING, ON A PARTISAN BASIS, AN 
                   ENTITY'S EMPLOYMENT DECISIONS OR PRACTICES.

       The Code of Official Conduct set forth in rule XXIII of the 
     Rules of the House of Representatives (as amended by section 
     202) is further amended by redesignating clause 15 as clause 
     16 and by inserting after clause 14 the following new clause:
       ``15. A Member, Delegate, Resident Commissioner, officer, 
     or employee of the House may not, with the intent to 
     influence on the basis of political party affiliation an 
     employment decision or employment practice of any private or 
     public entity (except for the Congress)--
       ``(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.''.

  TITLE III--SUSPENSION OF PRIVATELY-FUNDED TRAVEL; CURBING LOBBYIST 
                                 GIFTS

     SEC. 301. SUSPENSION OF PRIVATELY-FUNDED TRAVEL.

       Notwithstanding clause 5 of rule XXV of the Rules of the 
     House of Representatives, no Member, Delegate, Resident 
     Commissioner, officer, or employee of the House may accept a 
     gift of travel (including any transportation, lodging, and 
     meals during such travel) from any private source.

     SEC. 302. RECOMMENDATIONS FROM THE COMMITTEE ON STANDARDS OF 
                   OFFICIAL CONDUCT ON GIFTS AND TRAVEL.

       Not later than December 15, 2006, the Committee on 
     Standards of Official Conduct shall report its 
     recommendations on changes to rule XXV of the Rules of the 
     House of Representatives to the Committee on Rules. In 
     developing such recommendations, the Committee on Standards 
     of Official Conduct shall consider the following:
       (1) The ability of the current provisions of rule XXV to 
     protect the House, its Members, officers, and employees, from 
     the appearance of impropriety.
       (2) With respect to the allowance for privately-funded 
     travel contained in clause 5(b) of rule XXV--
       (A) the degree to which privately-funded travel meets the 
     representational needs of the House, its Members, officers, 
     and employees;
       (B) whether certain entities should or should not be 
     permitted to fund the travel of the Members, officers, and 
     employees of the House, what sources of funding may be 
     permissible, and what other individuals may participate in 
     that travel; and
       (C) the adequacy of the current system of approval and 
     disclosure of such travel.
       (3) With respect to the exceptions to the limitation on the 
     acceptance of gifts contained in clause 5(a)--
       (A) the degree to which those exceptions meet the 
     representational and personal

[[Page 6884]]

     needs of the House, its Members, officers, and employees;
       (B) the clarity of the limitation and its exceptions; and
       (C) the suitability of the current dollar limitations 
     contained in clause 5(a)(1)(B) of such rule, including 
     whether such limitations should be lowered.

     SEC. 303. PROHIBITING REGISTERED LOBBYISTS ON CORPORATE 
                   FLIGHTS.

       The Lobbying Disclosure Act of 1995 is amended by inserting 
     after section 5 the following new section:

     ``SEC. 5A. PROHIBITING REGISTERED LOBBYISTS ON CORPORATE 
                   FLIGHTS.

       ``If a Representative in, or Delegate or Resident 
     Commissioner to, the Congress, or an officer or employee of 
     the House of Representatives, is a passenger or crew member 
     on a flight of an aircraft that is not licensed by the 
     Federal Aviation Administration to operate for compensation 
     or hire and that is owned or operated by a person who is the 
     client of a lobbyist or a lobbying firm, then such lobbyist 
     may not be a passenger or crew member on that flight.''.

     SEC. 304. VALUATION OF TICKETS TO SPORTING AND ENTERTAINMENT 
                   EVENTS.

       Clause 5(a)(2)(A) of rule XXV of the Rules of the House of 
     Representatives is amended by--
       (1) inserting ``(i)'' after ``(A)''; and
       (2) adding at the end the following:
       ``(ii) A gift of a ticket to a sporting or entertainment 
     event shall be valued at the face value of the ticket, 
     provided that in the case of a ticket without a face value, 
     the ticket shall be valued at the highest cost of a ticket 
     with a face value for the event.''.

            TITLE IV--OVERSIGHT OF LOBBYING AND ENFORCEMENT

     SEC. 401. AUDITS OF LOBBYING REPORTS BY HOUSE INSPECTOR 
                   GENERAL.

       (a) Access to Lobbying Reports.--The Office of Inspector 
     General of the House of Representatives shall have access to 
     all lobbyists' disclosure information received by the Clerk 
     of the House of Representatives under the Lobbying Disclosure 
     Act of 1995 and shall conduct random audits of lobbyists' 
     disclosure information as necessary to ensure compliance with 
     that Act.
       (b) Referral Authority.--The Office of the Inspector 
     General of the House of Representatives may refer potential 
     violations by lobbyists of the Lobbying Disclosure Act of 
     1995 to the Department of Justice for disciplinary action.

     SEC. 402. HOUSE INSPECTOR GENERAL REVIEW AND ANNUAL REPORTS.

       (a) Ongoing Review Required.--The Inspector General of the 
     House of Representatives shall review on an ongoing basis the 
     activities carried out by the Clerk of the House of 
     Representatives under section 6 of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1605). The review shall emphasize--
       (1) the effectiveness of those activities in securing the 
     compliance by lobbyists with the requirements of that Act; 
     and
       (2) whether the Clerk has the resources and authorities 
     needed for effective oversight and enforcement of that Act.
       (b) Annual Reports.--Not later than December 31 of each 
     year, the Inspector General of the House of Representatives 
     shall submit to the House of Representatives a report on the 
     review required by subsection (a). The report shall include 
     the Inspector General's assessment of the matters required to 
     be emphasized by that subsection and any recommendations of 
     the Inspector General to--
       (1) improve the compliance by lobbyists with the 
     requirements of the Lobbying Disclosure Act of 1995; and
       (2) provide the Clerk of the House of Representatives with 
     the resources and authorities needed for effective oversight 
     and enforcement of that Act.

                     TITLE V--INSTITUTIONAL REFORMS

     SEC. 501. EARMARKING REFORM.

       (a) In the House of Representatives, it shall not be in 
     order to consider--
       (1) a general appropriation bill reported by the Committee 
     on Appropriations unless the report includes a list of 
     earmarks in the bill or in the report (and the names of 
     Members who submitted requests to the Committee on 
     Appropriations for earmarks included in such list); or
       (2) a conference report to accompany a general 
     appropriation bill unless the joint explanatory statement 
     prepared by the managers on the part of the House and the 
     managers on the part of the Senate includes a list of 
     earmarks in the conference report or joint statement (and the 
     names of Members who submitted requests to the Committee on 
     Appropriations for earmarks included in such list) that 
     were--
       (A) not committed to the conference committee by either 
     House;
       (B) not in the report specified in paragraph (1); and
       (C) not in a report of a committee of the Senate on a 
     companion measure.
       (b) In the House of Representatives, it shall not be in 
     order to consider a rule or order that waives the application 
     of subsection (a)(2).
       (c)(1) A point of order raised under subsection (a)(1) may 
     be based only on the failure of a report of the Committee on 
     Appropriations to include the list required by subsection 
     (a)(1).
       (2) As disposition of a point of order under subsection 
     (a), the Chair shall put the question of consideration with 
     respect to the proposition that is the subject of the point 
     of order.
       (3) As disposition of a point of order under subsection (b) 
     with respect to a rule or order relating to a conference 
     report, the Chair shall put the question of consideration as 
     follows: ``Shall the House now consider the resolution 
     notwithstanding the assertion of [the maker of the point of 
     order] that the object of the resolution introduces a new 
     earmark or new earmarks?''.
       (4) The question of consideration under this subsection 
     shall be debatable for 15 minutes by the Member initiating 
     the point of order and for 15 minutes by an opponent, but 
     shall otherwise be decided without intervening motion except 
     one that the House adjourn.
       (d)(1) For the purpose of this resolution, the term 
     ``earmark'' means a provision in a bill or conference report, 
     or language in an accompanying committee report or joint 
     statement of managers, providing or recommending a specific 
     amount of discretionary budget authority to a non-Federal 
     entity, if such entity is specifically identified in the 
     report or bill; or if the discretionary budget authority is 
     allocated outside of the normal formula-driven or competitive 
     bidding process and is targeted or directed to an 
     identifiable person, specific State, or congressional 
     district.
       (2) For the purpose of subsection (a), government-sponsored 
     enterprises, Federal facilities, and Federal lands shall be 
     considered Federal entities.
       (3) For the purpose of subsection (a), to the extent that 
     the non-Federal entity is a State or territory, an Indian 
     tribe, a foreign government or an intergovernmental 
     international organization, the provision or language shall 
     not be considered an earmark unless the provision or language 
     also specifies the specific purpose for which the designated 
     budget authority is to be expended.

     SEC. 502. MANDATORY ETHICS TRAINING FOR HOUSE EMPLOYEES.

       (a) Mandatory Ethics Training for House Employees.--
       (1) Chief administrative officer.--Clause 4 of rule II of 
     the Rules of the House of Representatives is amended by 
     inserting the following new paragraph at the end:
       ``(d) The Chief Administrative Officer may not pay any 
     compensation to any employee of the House with respect to any 
     pay period during which the employee, as determined by the 
     Committee on Standards of Official Conduct, is not in 
     compliance with the applicable requirements of regulations 
     promulgated pursuant to clause 3(r) of Rule XI. ''.
       (2) Mandatory ethics training program.--Clause 3 of rule XI 
     of the Rules of the House of Representatives is amended by 
     adding at the end the following:
       ``(r) The committee shall establish a program of regular 
     ethics training for employees of the House and promulgate 
     regulations providing for the following:
       ``(1)(A) Except as otherwise provided, all employees of the 
     House are required to complete ethics training offered by the 
     committee at least once during each congress. Any employee 
     who is hired after the date of adoption of such rules is 
     required to complete such training within 30 days of being 
     hired.
       ``(B) Any employee of the House who works in a Member's 
     district office shall not be required to complete such ethics 
     training until 30 days after the district office has received 
     a notice from the Committee on Standards of Official Conduct 
     that the required ethics training program is available on the 
     Internet.
       ``(2) After any employee of the House completes such ethics 
     training, that employee shall file a written certification 
     with the committee that he is familiar with the contents of 
     any pertinent publications that are so designated by the 
     committee and has completed the required ethics training.
       ``(3) As used in this paragraph, the term `employee of the 
     House' refers to any individual whose compensation is 
     disbursed by the Chief Administrative Officer, including any 
     staff assigned to a Member's personal office, any staff of a 
     committee or leadership office, or any employee of the Office 
     of the Clerk, of the Office of the Chief Administrative 
     Officer, or of the Sergeant-at-Arms, but does not include a 
     Member, Delegate, or Resident Commissioner.''.
       (b) Ethics Training for Members, Delegates and the Resident 
     Commissioner.--Clause 3 of rule XI of the Rules of the House 
     of Representatives is amended by inserting the following new 
     paragraph at the end:
       ``(s) The committee shall establish a program of regular 
     ethics training for Members, Delegates, and the Resident 
     Commissioner similar to the program established in paragraph 
     (r), and encourage participation in such program.''.

     SEC. 503. BIENNIAL PUBLICATION OF ETHICS MANUAL.

       Within 120 days after the date of enactment of this Act and 
     during each Congress thereafter, the Committee on Standards 
     of Official Conduct shall publish an up-to-date ethics manual 
     for Members, officers, and employees of the House of 
     Representatives and

[[Page 6885]]

     make such manual available to all such individuals. The 
     committee has a duty to keep all Members, Delegates, the 
     Resident Commissioner, officers, and employees of the House 
     of Representatives apprised of current rulings or advisory 
     opinions when potentially constituting changes to or 
     interpretations of existing policies.

              TITLE VI--FORFEITURE OF RETIREMENT BENEFITS

     SEC. 601. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER 
                   OF CONGRESS FOR ABUSING THE PUBLIC TRUST.

       (a) Civil Service Retirement System.--Section 8332 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``(o)(1) Notwithstanding any other provision of this 
     subchapter, the service of an individual finally convicted of 
     an offense described in paragraph (2) shall not be taken into 
     account for purposes of this subchapter, except that this 
     sentence applies only to service rendered as a Member 
     (irrespective of when rendered). Any such individual (or 
     other person determined under section 8342(c), if applicable) 
     shall be entitled to be paid so much of such individual's 
     lump-sum credit as is attributable to service to which the 
     preceding sentence applies.
       ``(2)(A) An offense described in this paragraph is any 
     offense described in subparagraph (B) for which the following 
     apply:
       ``(i) Every act or omission of the individual (referred to 
     in paragraph (1)) that is needed to satisfy the elements of 
     the offense occurs while the individual is a Member.
       ``(ii) Every act or omission of the individual that is 
     needed to satisfy the elements of the offense directly 
     relates to the performance of the individual's official 
     duties as a Member.
       ``(iii) The offense is committed after the date of 
     enactment of this subsection.
       ``(B) An offense described in this subparagraph is only the 
     following, and only to the extent that the offense is a 
     felony under title 18:
       ``(i) An offense under section 201 of title 18 (bribery of 
     public officials and witnesses).
       ``(ii) An offense under section 219 of title 18 (officers 
     and employees acting as agents of foreign principals).
       ``(iii) An offense under section 371 of title 18 
     (conspiracy to commit offense or to defraud United States) to 
     the extent of any conspiracy to commit an act which 
     constitutes an offense under clause (i) or (ii).
       ``(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, but only to the extent that the application of this 
     clause is considered necessary given the totality of the 
     circumstances; 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) For purposes of this subsection--
       ``(A) the term `Member' has the meaning given such term by 
     section 2106, notwithstanding section 8331(2); and
       ``(B) 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 finally convicted of an offense 
     described in paragraph (2) shall not, after the date of the 
     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, but only to the extent that the application of this 
     clause is considered necessary given the totality of the 
     circumstances; 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) For purposes of this subsection--
       ``(A) the term `Member' has the meaning given such term by 
     section 2106, notwithstanding section 8401(20); and
       ``(B) the term `child' has the meaning given such term by 
     section 8341.''.

  The Acting CHAIRMAN. The bill, as amended, shall be considered as an 
original bill for the purpose of further amendment under the 5-minute 
rule and shall be considered read.
  No further amendment to the bill, as amended, is in order except 
those printed in part B of House Report 109-441. Each further amendment 
may be offered only in the order printed in the report, by a Member 
designated in the report, shall be considered read, shall be debatable 
for the time specified in the report, equally divided and controlled by 
the proponent and an opponent, shall not be subject to amendment, and 
shall not be subject to a demand for division of the question.


                 Amendment No. 1 Offered by Mr. Gohmert

  Mr. GOHMERT. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 1 printed in House Report 109-441 
     offered by Mr. Gohmert:
       Strike section 106 and insert the following:

     SEC. 106. INCREASED PENALTY FOR FAILURE TO COMPLY WITH 
                   LOBBYING DISCLOSURE REQUIREMENTS.

       Section 7 of the Act (2 U.S.C. 1606) is amended--
       (1) by striking ``Whoever'' and inserting
       ``(a) In General.--Whoever'';
       (2) by inserting ``, corruptly, and with the intent to 
     evade the law'' after ``knowingly'';
       (3) by striking ``knowing'';
       (4) by striking ``of not more than'' and all that follows 
     through the end and inserting ``as provided in subsection 
     (b).''; and
       (5) by adding at the end the following:
       ``(b) Penalty.--The civil fine under subsection (a) shall 
     be the following, depending on the extent and gravity of the 
     violation:
       ``(1) For the first offense, not more than $100,000.
       ``(2) For the second offense, not more than $250,000.
       ``(3) For the third offense, not more than $500,000.
       ``(4) For the fourth or any subsequent offense, not more 
     than $1,000,000.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 783, the gentleman 
from Texas (Mr. Gohmert) and the gentlewoman from California (Ms. Zoe 
Lofgren) each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. GOHMERT. Mr. Chairman, I yield myself such time as I may consume.
  I have this amendment to this bill. This is a bill that requires 
administrative reporting requirements. There are a myriad of things 
this bill requires, and we have chosen, apparently, to try to 
criminalize administrative conduct.
  Innocent mistakes will allow people to be taken off in handcuffs and 
have to prove later down the road what effectively will be an 
affirmative defense that they did not willfully and knowingly make 
these kind of omissions. That is just a dangerous business to get into, 
to keep criminalizing things.
  The way you fight things like this is, when you say it is the dollars 
or the problems, then you hit people with dollars, and so that is what 
this amendment does. It says, we are not going to talk about handcuffs; 
we are going to talk about immense fines.
  The first violation would be up to $100,000; second up to $250,000; 
third up

[[Page 6886]]

to $500,000; and the fourth up to $1 million. That gives all the 
incentive anybody needs to make sure they file properly. Those are 
extremely high fines, the highest I have ever heard of, but I put them 
there to give people a degree of comfort that there would be sufficient 
penalty for failing to comply with the requirements.
  Now, what has come into play here is pure politics. On one side, 
people want to feel like, gee, we want to show that we are being tough, 
even though innocent people down the road will be hurt, and when that 
happens, ``I told you so'' will not be adequate to me because my heart 
will go out to people that are hurt unnecessarily.
  I understand the Democrats are going to stand up and oppose this. And 
when their Members are taken out in handcuffs because of this bill, if 
it passes with criminal sanctions, when their people are carried out in 
handcuffs, they will look to them and say, You know what, we probably 
should not have criminalized that because that gave a prosecutor what 
they wanted.
  I am just asking for a bipartisan way to handle this. The way to 
handle administrative errors is to punish with fines and not with 
dragging people out from their homes in handcuffs to try to make a 
political statement.
  If people will be honest, they know that happens on both sides. And I 
would rather not see that happen as an old judge and chief justice. It 
can happen, and I would rather not see it happen to either side.
  Mr. Chairman, I reserve my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time 
as I may consume.
  This amendment would further weaken an already appallingly weak bill 
by striking the criminal penalties for corrupt lobbyists that knowingly 
violate disclosure requirements. The amendment would strike out 
provisions in the bill that were agreed to by the Judiciary Committee 
that would hold lobbyists criminally responsible for violating the 
Lobbying Disclosure Act of 1995 by failing to disclose their contacts 
with Members of Congress with criminal intent and replace them with 
finds.
  The provision in the base text establishes criminal penalties for 
whoever knowingly and willfully or knowingly, willfully and corruptly 
fails to comply with any provision of the bill. I do not see why we 
should object to this. These new criminal penalties are to lobbyists 
who knowingly and willfully or knowingly, willfully and corruptly lie 
on their disclosure forms. Is the lobbyist who corruptly lies in his 
disclosure form not deserving of the criminal sanction? This amendment 
would strike those tough criminal penalties and instead replace them 
with monetary fines.
  We know from reading in the newspaper that Mr. Jack Abramoff made $66 
million defrauding Indian tribal clients alone. Does anyone think that 
a $100,000 fine would deter Mr. Abramoff from making his $66 million 
corruptly? It is a drop in the bucket. In fact, this amendment is 
worsened by the fact that it adds a requirement to the intent element 
of the civil penalty of the Lobbyist Act, corruptly and with intent to 
evade the law, which is an almost impossible standard for the 
prosecutor to meet.

                              {time}  1515

  The proponent of this amendment has argued that the language included 
in the current criminal provision is vague and undefined; we went 
through that in the committee. But I don't believe this argument is 
accurate. The term ``corruptly'' appears in title 18 at least 15 times, 
even appearing in the Federal Bribery Statute. Moreover, according to 
Black's Law Dictionary, the term ``corruptly'' means ``to act knowingly 
and dishonestly with the specific intent to subvert or undermine the 
integrity of something.'' I do not think the definition can get any 
clearer than that.
  This bill is already so weak and limited that it is virtually 
powerless to prevent future abuses. This amendment would remove one of 
the few tough deterrents in the bill. I would note that the provision 
for criminal penalties applies to lobbyists, not to Members of 
Congress, unless those lobbyists are former Members or acting in 
violation of the current rules on lobbying illegally.
  So we do think that this amendment, although I am sure the gentleman 
is offering it with all good faith, is misguided, and we do oppose and 
urge our colleagues to oppose.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GOHMERT. Mr. Chairman, my colleague across the aisle points to a 
$100,000 fine as not being adequate to deter Mr. Abramoff, and I would 
remind my colleague, he is going to prison. Mr. Cunningham has gone to 
prison. People who violate the law will go to prison.
  Mr. Chairman, there are already bribery statutes. There are already 
corruption statutes. This reminds me a lot of the 1990s, when anytime 
someone did a violent act with a gun, the Clinton administration ran in 
and said, we need more gun control laws, never mind the fact that they 
already violated many gun control laws as it is. What is needed is just 
enforcement of the current laws.
  Now, the lobbying reform bill will create some requirements of filing 
that will enable people to do their job, but apparently there is not a 
real knowledge of how the system works. Let me tell you how this will 
play out. Someday, heaven forbid but it will happen, there will be a 
politically motivated prosecutor, and he will go to a lobbyist, and he 
will say, You know, we have scoured through every report you have ever 
filed, and we finally found one entry you failed to make. Your 
accountant did not put this in, and you signed it, and by golly, you 
are going to go to prison for maybe 3 years. Now, we do notice you made 
a contribution to this Congressman over there. You know, and I am sure 
you can go to trial, and maybe, on your part of the case, you may be 
able to convince them it was not corrupt or willfully, knowingly. But 
you know what? If you just happened to remember that this Congress 
Member, Democrat or Republican, whoever they happen to be after, had 
asked for something in return or said they would do something in return 
for contribution, then we might just go away because that would show 
what good faith you are acting in, and maybe you really did not know 
and maybe this was not willful. That will happen someday because there 
are some prosecutors who are politically motivated.
  Now, I do not think it will happen under this administration, but it 
will happen someday. And when it does, if this amendment goes down, you 
can be reminded that there was a Congressman who stood up to try to do 
the right thing, because we have plenty of corruption laws; it is a 
matter of reporting requirements that will be enhanced here. We do not 
need to criminalize administrative functions.
  Mr. Chairman, with that, I would ask for Members to do the bipartisan 
thing and vote for this amendment.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I would just note that 
the bill puts in new disclosure requirements and also tough enforcement 
of those requirements, which the gentleman's amendment would 
essentially remove.
  I was a little surprised to hear the argument that the penalty 
invites suborning perjury on the part of prosecutors. I have never 
heard that argument advanced in the situation of any other criminal 
penalty, bribery or drug cases or any other kind of criminal penalty. 
And I must say that I have yet in my many, many years as an attorney 
run into a case where a prosecutor suborned perjury in the way 
described by the gentleman. Maybe he has run into a different situation 
in his State. But I think to suggest that prosecutors are going to 
engage in misconduct is misleading, and also it is revealing that that 
concern is only expressed when it is to protect corrupt lobbyists.
  Let us remember that the standard that is being outlined in this bill 
is corruption. Knowingly, willfully and corruptly is the standard, and 
that has to be proven with evidence beyond a reasonable doubt. I think 
that is the due

[[Page 6887]]

process protection that we generally rely on in our great country.
  I would just note in concluding that recently a Roll Call editorial 
described this bill as, ``This bill all but shouts to voters that the 
GOP is not serious about reform and that it values its ties to K Street 
more than the public's trust.''
  I would say that the gentleman's amendment is an elevation of that 
concern for K Street that this House should reject rather soundly.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from Texas 
(Mr. Gohmert).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I demand a recorded 
vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


                 Amendment No. 2 Offered by Mr. Castle

  Mr. CASTLE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 2 printed in House Report 109-441 
     offered by Mr. Castle:
       Insert the following after section 106 and redesignate the 
     succeeding section accordingly:

     SEC. 107. PENALTIES FOR OFFERING GIFTS.

       Section 7 of the Act (2 U.S.C. 1606), as amended by section 
     106, is amended by adding at the end the following:
       ``(c) Penalties for Offering Gifts.--
       ``(1) In general.--Any person who is--
       ``(A) a lobbyist registered under this Act,
       ``(B) a lobbyist who is an employee of an organization 
     registered under this Act, or
       ``(C) the client of any such lobbyist or organization,

     and who offers to a covered legislative branch official of 
     the House of Representatives any gift, knowing that such gift 
     violates the rules of the House of Representatives, shall, 
     upon proof thereof by a preponderance of the evidence, be 
     subject to a civil fine of not more than $50,000.
       ``(2) Definition.--In this subsection, the term `covered 
     legislative branch official of the House of Representatives' 
     means--
       ``(A) a Representative in, or Delegate or Resident 
     Commissioner to, the Congress; and
       ``(B) an employee of, or any other individual functioning 
     in the capacity of an employee of--
       ``(i) an individual described in subparagraph (A);
       ``(ii) a committee of the House of Representatives;
       ``(iii) the leadership staff of the House of 
     Representatives;
       ``(iv) a joint committee of Congress; or
       ``(v) a working group or caucus organized to provide 
     legislative services to individuals described in subparagraph 
     (A).''.

  The Acting CHAIRMAN. Pursuant to House Resolution 783, the gentleman 
from Delaware (Mr. Castle) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Delaware.
  Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume.
  I appreciate the opportunity to offer this amendment today with my 
colleague from Pennsylvania (Mr. Gerlach). The amendment is simple, so 
I will be relatively brief.
  Let me take a moment to thank the chairman of the Rules Committee for 
his tremendous work in preparing this ethics legislation. I know the 
process he has been through; I have been to a lot of the meetings. 
There is a lot of disagreement even within his own party, including me 
on some issues, and I realize the difficulty of putting this together. 
I would just like to thank him for his great work on this particular 
piece of legislation.
  Mr. DREIER. Mr. Chairman, will the gentleman yield?
  Mr. CASTLE. I yield to the gentleman from California.
  Mr. DREIER. Mr. Chairman, I will simply say, I support the 
gentleman's amendment.
  Mr. CASTLE. Mr. Chairman, maybe I should stop right there.
  One way I think we can strengthen the laws governing gift giving from 
lobbyists to legislators and their staffs is to hold all individuals 
liable for knowingly breaking the law. Currently, Members and staff are 
responsible for making sure that they do not accept gifts or meals that 
violate the current gift limit of $50. Our amendment would also hold 
liable those individuals who knowingly offer gifts in violation of the 
law. It is simply common sense that anyone who intends to break the law 
should be held responsible. With this commonsense amendment, we bring 
intentional gift-giving violations under the civil penalties already 
established in the Lobbying Disclosure Act which are currently set at 
up to $50,000.
  If there is a silver lining in the clouds surrounding the recent 
ethics problems in Congress, it is the opportunity to enact meaningful 
reform. Personally, I think the bill could go much farther by 
establishing greater disclosure and reporting requirements. I firmly 
believe that full transparency has the potential to minimize abuses of 
the system. Unfortunately, an individual who wants to violate the law 
will usually find a way no matter what we do here today.
  Regardless, we have a responsibility to pass the strongest bill 
possible here today, and I think this amendment moves us in that 
direction. Personally, I believe in transparency. I believe in the 
education of everybody including lobbyists, staff members and Members 
of Congress. In terms of ethics laws, I believe in enforcement of the 
ethics laws as it involves all of us. And that is simply what this 
amendment does, is move in that direction.
  Mr. Chairman, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I rise to claim the time 
in opposition, although I am not opposed.
  Mr. Chairman, I would note that laws already exist to prevent this 
activity and that to some extent this amendment is redundant and that 
the enforcement of current laws would solve the problem. And when it 
comes to lobbyists who are making the kind of money that Mr. Abramoff 
made, the $50,000 fine may well not be a deterrent.
  Nevertheless, I think an additional deterrent to some lobbyists for 
violating the gift rules is useful. I would note that the primary 
responsibility falls upon Members of Congress for not accepting 
extravagant gifts. This amendment really looks to the gift giver 
instead of the guilty gift receiver.
  Nevertheless, I think it is a useful component of a bill, and I do 
support it, and I believe that many on this side of the aisle do 
support it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. CASTLE. Mr. Chairman, I agree with the gentlewoman from 
California. She is absolutely right. The greatest responsibility, in my 
judgment, is on us, Members of Congress, or on staff people or 
whatever. And it probably is slightly redundant, too. That is probably 
also correct.
  But the point I am trying to make here is that if everybody is 
educated and everybody is aware of this and everybody can be 
responsible for it, maybe we can prevent some of the problems from 
happening. Maybe we can't, but I just hope that we can.
  Mr. Chairman, I yield to the distinguished sponsor of the bill, the 
chairman of the Rules Committee, Mr. Dreier.
  Mr. DREIER. Mr. Chairman, I thank my friend for yielding, and I would 
like to, as I said a moment ago, support the amendment and say that I 
think this amendment is evidence of a strong bipartisan commitment to 
our dealing with the issue of reform.
  Accountability is what this measure is all about, and Mike Castle is 
someone who has demonstrated a very strong commitment to increased 
accountability, transparency and disclosure. And when we look at the 
issue of gifts, heretofore the responsibility has simply fallen on the 
shoulders of Members of Congress. We believe that when those who are 
out there are trying to shower gifts onto Members, that they in fact 
should have some responsibility.
  That is exactly what the Castle-Gerlach amendment is getting at. I 
think it is a very good and very helpful addition to the legislation, 
and I would also

[[Page 6888]]

like to join in congratulating Mr. Gerlach, who also is a very strongly 
committed reformer for this institution.
  Mr. CASTLE. Mr. Chairman, finally, I would just say Mr. Gerlach and I 
presented almost identical amendments, and that is how it became the 
Castle-Gerlach, Gerlach-Castle amendment, because they were very 
similar.
  Mr. Chairman, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I would just, in 
closing, note that this is not a bipartisan amendment, unless either 
Mr. Castle or Mr. Gerlach has made a party decision that we don't yet 
know about. However, we don't oppose the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Delaware (Mr. Castle).
  The amendment was agreed to.


     Amendment No. 3 Offered by Mr. Daniel E. Lungren of California

  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I offer an 
amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 3 printed in House Report 109-441 
     offered by Mr. Daniel E. Lungren of California:
       Section 301 is amended to read as follows:

     SEC. 301. PRE-CERTIFICATION OF PRIVATELY FUNDED TRAVEL.

       (a) Acceptance of Privately Funded Travel.--Notwithstanding 
     clause 5 of rule XXV of the Rules of the House of 
     Representatives, no Member, Delegate, Resident Commissioner, 
     officer, or employee of the House may accept a gift of travel 
     related to his official duties (including any transportation, 
     lodging, and meals during such travel) from any private 
     source unless the private source first obtains a 
     certification in writing from the Committee on Standards of 
     Official Conduct that the gift of travel complies with all 
     House rules and standards of conduct.
       (b) Review and Recommendations.--(1) The Committee on 
     Standards of Official Conduct may not issue any such 
     certification until it reports its recommendations on changes 
     to rule XXV to the Committee on Rules unless two-thirds of 
     the Members of the Committee, present and voting in the 
     affirmative, vote to issue such certification. The Committee 
     on Standards of Official Conduct shall report its 
     recommendations to the Committee on Rules not later than June 
     15, 2006.
       (2) In developing such recommendations, the Committee on 
     Standards of Official Conduct shall--
       (A) survey public reports of registered lobbyist and 
     registered foreign agent-related private travel, as well as 
     public reports of late or inaccurate disclosure of private 
     travel, and
       (B) consider--
       (i) The ability of the current provisions of rule XXV 
     regarding travel to protect the House, its Members, officers, 
     and employees, from the appearance of impropriety.
       (ii) With respect to the allowance for privately-funded 
     travel contained in clause 5(b) of rule XXV--
       (I) the degree to which the privately-funded travel meets 
     the representational needs of the House, its Members, 
     officers, and employees;
       (II) whether certain entities should or should not be 
     permitted to fund the travel of the Members, officers, and 
     employees of the House, what sources of funding may be 
     permissible, and what other individuals may participate in 
     that travel; and
       (III) the adequacy of the current system of approval and 
     disclosure of such travel. Section 302 is amended to read as 
     follows:

     SEC. 302. RECOMMENDATIONS FROM THE COMMITTEE ON STANDARDS OF 
                   OFFICIAL CONDUCT ON GIFTS.

       The Committee on Standards of Official Conduct shall report 
     its recommendations on changes to rule XXV of the Rules of 
     the House of Representatives regarding the exceptions to the 
     limitation on the acceptance of gifts contained in clause 
     5(a) of that rule to the Committee on Rules. In developing 
     its recommendations, the Committee on Standards of Official 
     Conduct shall consider the following:

  The Acting CHAIRMAN. Pursuant to House Resolution 783, the gentleman 
from California (Mr. Daniel E. Lungren) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I yield myself 
such time as I may consume.
  This is one of those bipartisan moments in our consideration of a 
lobbying reform bill. Congressman George Miller, Congressman Howard 
Berman, Tom Cole, Doc Hastings have joined me as cosponsors of this 
amendment, and Congressman Jeff Flake worked with us in crafting this 
proposal.
  Mr. Chairman, if it is in order, I would ask unanimous consent that 
his name be added as a cosponsor to the amendment.
  The Acting CHAIRMAN. The Chair would advise the proponent of the 
amendment that other Members whom he identified as supporters of the 
amendment are reflected in the Record, but there are no ``cosponsors'' 
of an amendment.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, it is essential to 
those of us who have been elected to serve in this body to have 
confidence that the interests of the constituents are being served. The 
democratic process as well as the integrity of the people's House 
require no less.
  As the Supreme Court recognized in Buckley v. Valeo, it is both 
corruption and even the appearance of corruption which threaten the 
public trust and warrant congressional regulatory action. The 
safeguards contained in this amendment will protect the integrity of 
the process by allowing private travel which has nothing to do with 
corruption and which in fact contributes to our ability to effectively 
represent those who have elected us.
  This bipartisan compromise provides that the Ethics Committee shall 
have until June 15 of this year to develop a permanent plan governing 
future private travel. In the interim, private travel would be allowed 
if, after its review, two-thirds of the Ethics Committee approves the 
trip. That requires bipartisan approval.

                              {time}  1530

  Our amendment will protect legitimate travel which relates to our 
ability as Members of this body, and I ask for support of this 
amendment.
  Mr. DREIER. Mr. Chairman, will the gentleman yield?
  Mr. DANIEL E. LUNGREN of California. I yield to the gentleman from 
California.
  Mr. DREIER. Mr. Chairman, I would like to compliment the gentleman 
for his leadership on this issue.
  Again, this is an indication of our ability to work in a bipartisan 
way to deal with a question that constantly came to me from Democrats 
on the other side of the aisle who talked about the notion of imposing 
a travel ban, and some Members on our side. I believe Mr. Lungren and 
all of those Members, Mr. Berman from California and Mr. Cole on the 
Rules Committee, have worked very diligently, and I look forward to 
accepting this amendment.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I reserve the 
balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I claim the time in 
opposition, although I do not oppose the amendment; and I yield 3 
minutes to the gentleman from California (Mr. George Miller), our 
colleague, and one of the authors of the amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I thank the 
gentlewoman for yielding; and I want to thank the cosponsors of this 
legislation and those who have worked on this from both sides of the 
aisle.
  For the first time this amendment will give the Ethics Committee an 
opportunity to revise the rules and the standards of conduct for travel 
which Members of Congress engage in. This amendment embraces all travel 
that Members of Congress are confronted with, whether it is from the 
501(c)(3) community or from the private community.
  I happen to think that the Ethics Committee is going to have to make 
different determinations for different kinds of travel. But the fact of 
the matter is, because of this amendment, they will have that 
responsibility to bring greater transparency to that process. And 
hopefully Members will have to get pre-approval of that travel, and 
hopefully the Ethics Committee will have to approve that. They will 
make determinations about what is a legitimate itinerary, the 
attendance at the various conferences, the participants and the sources 
of funding.
  The problem with travel in the past has not been the travel; it has 
been

[[Page 6889]]

those who sought out deliberately to game the system. I believe that if 
the Ethics Committee meets its responsibility, people will not be able 
to game the system, to hide the sources of financing or hide the 
purposes of the trip; and Members will be able to deal with it 
forthrightly and take advantage of travel where it is helpful to their 
jobs as Members of Congress, to their constituents, and to the country.
  Also, this will allow for the kind of disclosure and prior disclosure 
of the trips hopefully so constituents, the press and others can check 
out what the Ethics Committee has done and they can comment on it. The 
Members will defend it or not defend it if they want to take these 
trips and if they truly believe they are valuable.
  This give us until June 15 for the Ethics Committee to come up with 
that process. If there is travel to take place prior to that, it 
requires a two-thirds vote, a strong bipartisan vote of the Ethics 
Committee to approve any travel prior to that day.
  I think this is a big step to the reform of congressional travel in 
the House. I urge my colleagues to support this amendment.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I reserve the balance of 
my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I yield 1 minute 
to the gentleman from Oklahoma (Mr. Cole), one of the cosponsors of 
this amendment.
  Mr. COLE of Oklahoma. Mr. Chairman, I want to take a moment and thank 
my friends on the other side of the aisle, particularly Mr. Miller and 
Mr. Berman, for working with us; and, of course, my friends on this 
side of the aisle, Mr. Lungren, whose leadership has been so critical 
on this, Mr. Flake, and, of course, Mr. Hastings, chairman of the 
Ethics Committee.
  This really is a moment where we have come together and thought about 
what is best for the institution instead of trying to score political 
points against one another. I think we have taken a dramatic step.
  I agree very much with my friend, Mr. Miller. This offers the 
opportunity for real scrutiny and a real look at the entire travel 
issue; and I look forward to working with Mr. Berman and Chairman 
Hastings on the Ethics Committee, to come back with a scheme that both 
sides can have confidence in and the American people can have 
confidence in.
  In conclusion, I thank the chairman, Mr. Dreier, and certainly the 
Speaker. This would not have happened without their help and without 
their active cooperation so we could resolve what was a knotty issue. 
They, too, deserve a great deal of credit for working in a bipartisan 
manner and allowing this to come about.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I yield myself 
such time as I may consume.
  Mr. Chairman, I was in this body for 10 years and then out for 16. I 
have had a chance to look at the importance of travel as it adds to the 
information base that Members have. While we have had problems in 
certain areas of travel, we ought not to just throw them all out. This 
is a real effort to try and get transparency and to work on a 
bipartisan basis to make sure this works.
  Mr. DREIER. Mr. Chairman, will the gentleman yield?
  Mr. DANIEL E. LUNGREN of California. I yield to the gentleman from 
California.
  Mr. DREIER. Mr. Chairman, I would like to say that I think it is very 
important for us to hear from our very good friend from California, Mr. 
Berman; and I hope he may be able to offer some comments on this as one 
of the lead authors on this important amendment.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I ask Members to 
support this worthy amendment, and I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield back the balance 
of my time.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
California (Mr. Daniel E. Lungren).
  The amendment was agreed to.


                 Amendment No. 4 Offered by Mr. Sodrel

  Mr. SODREL. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 4 printed in House Report 109-441 
     offered by Mr. Sodrel:
       Amend section 502(b) to read as follows:
       (b) Ethics Training for Members, Delegates, and the 
     Resident Commissioner.--Clause 3 of rule XI of the Rules of 
     the House of Representatives is amended by inserting at the 
     end:
       ``(s)(1) The committee shall establish a program of regular 
     ethics training for Members, Delegates, and the Resident 
     Commissioner similar to the program established in paragraph 
     (r).
       ``(2) The committee shall publish a list of Members who 
     have and have not completed such ethics training within the 
     first one hundred calendar days after being sworn-in during 
     each Congress. The committee shall update this list with the 
     names of Members who complete the training after the deadline 
     with the date on which the training was completed.
       ``(3) Publication of the list of Members who have and have 
     not completed the ethics training shall be made available on 
     the official website of the committee and published in the 
     Congressional Record.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 783, the gentleman 
from Indiana (Mr. Sodrel) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Indiana.
  Mr. SODREL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today to offer this amendment with my 
colleagues, the gentleman from Massachusetts (Mr. McGovern) and the 
gentleman from Kentucky (Mr. Davis), to ensure that Members of Congress 
know the ethics rules and provide American voters with the information 
to hold their elected representatives accountable.
  As with most jobs, there is a need to understand the rules that apply 
to your employment so you do not violate them. Before I was elected to 
this office, I was a business owner. When we hired an employee, we 
required individuals to receive training on the rules of the company as 
well as local and State laws. We required this training because we 
wanted to make sure our company employees did not break the laws. We 
kept a record that the employee had completed the training and was 
familiar with the rules and laws they were expected to comply with.
  Our amendment does the same thing. It creates a voluntary program for 
Members of Congress to participate in an ethics training program within 
100 days of being sworn into office. This program affords Members the 
ability to learn and understand the rules they are required to follow 
while serving in office.
  This amendment also provides information to the electorate to help 
them assess their own representative by publicly disclosing who has and 
who has not completed this ethics training.
  I believe this amendment is simple. We must know the rules for us to 
follow the rules, and we must demonstrate to our constituents that we 
will adhere to the laws while serving in Congress. I urge my colleagues 
to support the Sodrel-McGovern-Davis amendment, and urge its adoption.
  Mr. Chairman, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I claim the time in 
opposition, although I do not oppose the amendment.
  The Acting CHAIRMAN. Without objection, the gentlewoman is 
recognized.
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Chairman, section 502 of the 
underlying bill establishes mandatory ethics training for staff and 
voluntary training for Members. This amendment would not change the 
voluntary nature of Members' ethics training, but it would require the 
Ethics Committee to post the names of Members who have not taken the 
training.
  I guess the purpose of this amendment is a worthy one. Members and 
staff should certainly know the ethics rules and should go back and 
refresh their memory of the ethics rules every couple of years. We all 
support that proposition, and in my opinion most Members are 
conscientious and know

[[Page 6890]]

the ethics rule and do their best to follow them. But if posting 
Members' name on a Web site will make them more likely to go and get 
the training, then that is a good result.
  But let us be honest here. A couple of new ethics seminars are not 
going to solve this problem. A Wall Street Journal-NBC poll released 
today found that almost 80 percent of the American people disapprove of 
the job Congress is doing. The public has watched this Congress bend 
and break the rules over the past few years, and I think they have had 
it. It is going to take more than ethics seminars to convince these 
people that we are interested in cleaning up Congress.
  Even if this amendment is adopted, and I believe it will be, this 
bill is not going to change anybody's mind that the majority, who are 
running this House, are serious about cleaning up the mess that is 
here.
  With that, I would note that although many of us go in person for 
classes, those of us who come from places like Silicon Valley really do 
our reading over the Internet. For those Members who have not visited 
the Ethics Committee site, there is a wealth of information online and 
available and very easy to access from home at any hour of the day or 
night, and that is a very good alternative for Members whose schedules 
are very pressed.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SODREL. Mr. Chairman, I yield 2 minutes to the gentleman from 
California (Mr. Dreier).
  Mr. DREIER. Mr. Chairman, I thank my friend for yielding, and I rise 
in strong support of this amendment.
  Once again, we are demonstrating a very strong bipartisan commitment 
to dealing with the issue of institutional reform.
  Mr. Sodrel has come forward with a very creative and thoughtful idea 
to enhance our goal of accountability; and he is doing it in a 
bipartisan way by getting our Rules Committee colleague, the gentleman 
from Massachusetts (Mr. McGovern), to join as a cosponsor, as well as 
the gentleman from Kentucky (Mr. Davis). I think that is a brilliant 
move on his part, and I think it will strengthen this piece of 
legislation as we aspire to the goals of once again creating a higher 
level of respect by the American people and is necessary for this great 
institution. I congratulate the gentleman from Indiana (Mr. Sodrel).
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield back the balance 
of my time.
  Mr. SODREL. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, let me close quickly by saying that we were elected to 
this body to serve our constituents to the best of our ability. The 
voters believe we had the character to represent them, and we take that 
trust seriously. I think this amendment demonstrates our commitment. I 
urge the adoption of this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Indiana (Mr. Sodrel).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 5 
printed in part B of House Report 109-441.
  Amendment No. 5 is not offered.


                 Amendment No. 6 Offered by Mr. Gingrey

  Mr. GINGREY. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 6 printed in House Report 109-441 
     offered by Mr. Gingrey:
       Add at the end the following:

                       TITLE VII--LEADERSHIP PACS

     SEC. 701. RESTRICTIONS ON DISPOSITION OF FUNDS BY LEADERSHIP 
                   PACS.

       (a) Restrictions.--Section 313 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 439a) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Use of Funds by Leadership PACs.--
       ``(1) Uses permitted.--The funds of a leadership PAC may be 
     used by the leadership PAC--
       ``(A) for otherwise authorized expenditures in connection 
     with campaigns for election for Federal office;
       ``(B) for charitable contributions described in section 
     170(c) of the Internal Revenue Code of 1986; or
       ``(C) for transfers to a national, State, or local 
     committee of a political party (subject to the applicable 
     limitations of this Act).
       ``(2) Leadership pac defined.--In this subsection, the term 
     `leadership PAC' means a political committee which is 
     directly or indirectly established, maintained, or controlled 
     by a candidate for election for Federal office or an 
     individual holding Federal office but is not an authorized 
     committee of the candidate or individual, except that such 
     term does not include any political committee of a political 
     party.''.
       (b) Conforming Amendment Regarding Conversion of Funds to 
     Personal Use.--Section 313(c) of such Act (2 U.S.C. 439a(c)), 
     as redesignated by subsection (a), is amended by inserting 
     after ``subsection (a)'' the following: ``or funds of a 
     leadership PAC described in subsection (b)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring after 
     December 2006.

  The Acting CHAIRMAN. Pursuant to House Resolution 783, the gentleman 
from Georgia (Mr. Gingrey) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. GINGREY. Mr. Chairman, I yield myself such time as I may consume.
  First of all, let me thank Chairman Dreier for this commonsense piece 
of legislation in regard to the Lobbying Accountability and 
Transparency Act. We worked diligently with three separate hearings in 
the Rules Committee, 12 to 14 hours of testimony; and I think we have 
struck the exact right balance in regard to this legislation. I am 
proudly supporting this bill.
  I do have an amendment, and it is a very commonsense amendment. This 
was brought out during the course of these hearings, but basically what 
the amendment does is apply the same rules to leadership PACs as exist 
now in regard to campaign committee funds.
  I think you all know, my colleagues, certainly Mr. Chairman knows 
that Members, when they leave this body, certainly as they are 
continuing to serve, cannot use any campaign funds for personal use. 
When they leave this body, if they happen to have a balance, which in 
some cases they do and have done in the past, then that cannot in any 
way, shape or form be converted to personal use.
  But when this law was passed back in the early 1980s and sort of 
finalized in 1989, shortly after which a lot of Members left so they 
could be grandfathered and be able to keep those balances, there were 
not many leadership PACs. But we know today there are a lot of leaders 
in this place, and a lot of folks do have leadership PACs. In some 
instances we are talking about balances, cash on hand of six and maybe 
even seven figures.

                              {time}  1545

  So basically what this amendment does, and it is really quite simple, 
the same rules that apply to campaign committees would apply to 
leadership PACs. And I would commit that amendment to my colleagues and 
to the chairman and ask for its support.
  Mr. DREIER. Mr. Chairman, will the gentleman yield?
  Mr. GINGREY. I yield to the gentleman from California.
  Mr. DREIER. Mr. Chairman, I simply rise in support of the committee 
process itself.
  I was not aware of the fact that Members who have leadership PACs 
would be in a position to convert those funds to personal use when they 
choose to leave this institution. And it was because of the three 
hearings that we held in the Rules Committee that it came to the 
surprise, I think, of virtually everyone that the law that was put into 
place two and a half decades ago preventing Members of Congress, or at 
least one and a half decades ago, preventing Members of Congress from 
converting their campaign funds to personal use once they leave this 
institution does not apply to the so-called leadership PACs.
  And I simply want to congratulate my friend, Mr. Gingrey, who came 
forward with this very, very thoughtful

[[Page 6891]]

idea that emerged from the hearing process itself, and has now offered 
this amendment, which I think should enjoy very strong bipartisan 
support. It once again will underscore in this legislation the 
accountability and the transparency that is very important for the 
American people to see in this place. And so I am in strong support of 
the Gingrey amendment, Mr. Chairman.
  Mr. GINGREY. Mr. Chairman, reclaiming my time, again, I want to thank 
my chairman for his support on this amendment. And the amendment, I 
want to commit it to my colleagues on both sides of the aisle because 
it is in the spirit of this legislation, which is a bipartisan bill 
that we worked diligently on, and I again congratulate Chairman Dreier 
and my colleagues on the Rules Committee that brought forth this 
legislation. And I ask for support of the amendment.
  I have no other speakers, Mr. Chairman. And I reserve the balance of 
my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I rise to claim the time 
in opposition, at least until the ranking member of the House 
Administration Committee arrives.
  The Acting CHAIRMAN. The gentlewoman from California is recognized 
for 5 minutes.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time 
as I may consume.
  I will support this amendment. I don't, frankly, know that this has 
ever been an issue that I have heard of or seen in the press that 
someone has converted a leadership PAC to personal use. It shouldn't 
happen and, therefore, I don't have a problem supporting the amendment.
  To the extent that it is difficult for the FEC to make a judgment 
call on what is personal use and what is not, this doesn't compound it 
because they already have to make that judgment when it comes to re-
election PACs.
  I would just note that, like the rest of the bill before us, this is 
okay, but it really doesn't accomplish the real problem solving that 
the country is crying out for. I don't think that any of our Members on 
this side of the aisle oppose, but even approving this will not clean 
up the ethics swamp that the country is so very concerned about.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GINGREY. Mr. Chairman, I thank the gentlewoman from California 
(Ms. Zoe Lofgren) for supporting the amendment.
  Mr. Chairman, I yield 1 minute to the distinguished chairman of the 
House Administration Committee, the gentleman from Michigan (Mr. 
Ehlers).
  Mr. EHLERS. Mr. Chairman, I, for years, have always said we must 
ensure proper behavior of the Members of this body or the members of 
any State legislature I have been in. And I particularly want to thank 
the gentleman for this amendment because I was not aware that this 
prohibition did not apply to leadership PACs. Current law does prohibit 
conversion of campaign funds to personal use, but, unfortunately, we 
have never had occasion to say that it should also apply to leadership 
PACs because I am not aware of any instance where that has occurred.
  Nevertheless, I totally agree with the gentleman from Georgia that we 
should close this loophole, and that we should not permit any Member 
under any circumstances to convert leadership PAC funds to personal 
use. And I, therefore, very strongly support his amendment and thank 
him for bringing this to our attention.
  Mr. GINGREY. Mr. Chairman, I thank the gentleman from Michigan for 
supporting the amendment. And again, I have no additional speakers at 
this time. I reserve the balance of my time.
  The Acting CHAIRMAN. The gentleman's time has expired.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time 
as I may consume.
  As I mentioned earlier, we are supporting this amendment, even though 
it solves a problem that apparently has not yet come into play.
  But what this amendment and this bill fail to do is to fundamentally 
reform a culture of corruption. It does not end the practice of 
lobbyists giving gifts to Members of Congress and their staffs. It does 
not end the practice of Members using corporate jets, does not require 
disclosure of lobbyists bundling contributions to Members of Congress. 
It does not end the practice of leaving votes open to twist arms and 
lobby Members on the floor of the House. It does not do anything to 
close the revolving door from government service to personal gain. It 
does nothing to clean up our campaign finance system, to take special-
interest money out of politics.
  The bottom line is that, although we are supporting this amendment, 
it really doesn't actually reform the system that has the American 
people so concerned and rightly so.
  Mr. Chairman, I yield the balance of my time to the ranking member of 
the House Administration Committee, my colleague from California, the 
Honorable Juanita Millender-McDonald.
  Ms. MILLENDER-McDONALD. Mr. Chairman, I am not opposing this 
amendment because of what the amendment does, but because of what the 
amendment doesn't do. And what the gentleman's amendment doesn't do is 
apply the same rule to other types of political entities. That is, it 
doesn't prohibit the conversion of political funds to personal use 
after such a political entity has concluded its electoral business. It 
closes a small loophole, but what we should be talking about in closing 
all loopholes in this lobbying bill. And so the amendment doesn't go 
far enough.
  Mr. Chairman, the Republican leadership's restrictive procedures for 
consideration of this bill has shut out all amendments affecting not 
only this lobbying bill, but the 527 bill as well. So the gentleman's 
amendment fixes a loophole, which the Republican leadership thinks 
needs to be plugged--and that is why they allowed the House to consider 
this amendment today--but why haven't we applied this same principle to 
other political entities?
  No one should be allowed to siphon off political contributions, and 
convert those contributions to personal use, irrespective of the type 
of political organization or entity.
  So, Mr. Chairman, I oppose the gentleman's amendment, not for what it 
does, but for what it doesn't do in the same manner I oppose the 
underlying bill, because it doesn't go far enough.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield back the balance 
of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Gingrey).
  The amendment was agreed to.
  The Acting CHAIRMAN. The Chair is advised that amendment No. 7 will 
not be offered.


                 Amendment No. 8 Offered by Mr. Castle

  Mr. CASTLE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 8 printed in House Report 109-441 
     offered by Mr. Castle:
       Add at the end of the bill the following:

                TITLE VII--ETHICS TRAINING FOR LOBBYISTS

     SEC. 701. ETHICS TRAINING FOR LOBBYISTS.

       (a) Training Course.--During each Congress, the Committee 
     on Standards of Official Conduct of the House of 
     Representatives shall provide an 8-hour ethics training 
     course to persons registered as lobbyists under the Lobbying 
     Disclosure Act of 1995.
       (b) Contents of Course.--Training under subsection (a) 
     shall cover information on the code of conduct and disclosure 
     requirements applicable to Members, officers, and employees 
     of the House of Representatives, including rules relating to 
     acceptance of gifts (including travel and meals), and 
     financial disclosure requirements under the Ethics in 
     Government Act of 1978.
       (c) Penalties for Failure To Complete Training.--Any person 
     who is registered or required to register as a lobbyist under 
     the Lobbying Disclosure Act of 1995 and who fails to complete 
     the training course under subsection (a) at least once during 
     each Congress shall be subject to the penalties under section 
     7 of that Act to the same extent as a failure to comply with 
     any provision of that Act.

  The Acting CHAIRMAN. Pursuant to House Resolution 783, the gentleman

[[Page 6892]]

from Delaware (Mr. Castle) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Delaware.
  Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume.
  I appreciate the opportunity to offer this amendment today. The way 
to prevent further abuses of power may not be readily apparent, but by 
adopting this commonsense amendment to require ethics training for 
lobbyists, we will be one step closer to achieving greater 
accountability and transparency.
  My amendment would require that all registered lobbyists complete a 
mandatory 8 hours of ethics training each Congress. Ethics training 
would entail instruction by the Committee on Standards on the code of 
conduct and disclosure requirements applicable to Members, officers and 
employees of the House, including the rules relating to acceptance of 
gifts, travel and meals and financial disclosure requirements. Any 
registered lobbyist failing to complete ethics training each Congress 
would be subject to penalties.
  If we have learned anything over these few years, we have learned 
that many people in many different capacities, from lobbyists to 
Members and even staff, abuse the laws and rules that govern this body. 
We are seeing high-level abuses of power, the exchange of favors and 
the neglect of basic ethical standards.
  There is absolutely no reason that we shouldn't educate registered 
lobbyists on the rules and laws that we have written and adopted to 
govern the House of Representatives.
  When a lobbyist registers, they are saddled with pamphlet after 
pamphlet of rules and regulations. What they can and cannot do is more 
often learned through word of mouth. Ethics training to clearly outline 
the rules would be welcome. With the adoption of this amendment, there 
will be no uncertainty about what the rules are and how to follow them.
  Requiring ethics training for registered lobbyists helps us begin to 
repair a system that has failed to regain the confidence of the 
American people.
  Mr. Chairman, I would just like to say, finally, before I yield to 
the chairman of the Rules Committee, that this just goes along with my 
whole thinking that if we can educate everybody as to precisely what 
these rules are, then maybe we can prevent some of the abuses. Some of 
them we are never going to prevent, but maybe we can prevent some of 
the abuses. And that is the reason for this amendment.
  I yield to the chairman of the Rules Committee.
  Mr. DREIER. Mr. Chairman, once again, we have seen our friend from 
Delaware charge towards a greater offer of enhancing this piece of 
legislation. One of the things that we have been saying time and time 
again is that brighter, clearer lines are imperative as we look at this 
legislation. And it seems to me that as we look at where it is that we 
are going, everyone who is impacted by this legislation should have an 
opportunity to understand it. That is exactly what the Castle amendment 
does. And I appreciate the fact that he has spent so much time and 
effort going through the legislation, working to improve it. So I 
strongly support the amendment and urge my colleagues to join in 
support of the Castle amendment.
  Mr. CASTLE. Mr. Chairman, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I rise to claim the time 
in opposition.
  The Acting CHAIRMAN. The gentlewoman from California is recognized 
for 5 minutes.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I do not object to this 
amendment, but like the underlying bill, I think it fails to seriously 
address the scandals that have made so many Americans distrustful of 
this Congress.
  Requiring mandatory ethics training for registered lobbyists is 
probably a good idea. But I didn't think that classes for lobbyists 
were the major issue facing the country.
  Mr. Chairman, I yield 4 minutes to the gentlewoman from Texas, Ms. 
Sheila Jackson-Lee.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished 
gentlewoman from California, and I thank her for service on the Ethics 
Committee.
  I, too, believe that this is an amendment that certainly moves us 
forward, but it is not the panacea.
  And I rise because I now understand that this is clearly a partisan 
bill because this is not a bill to really do anything. It is a bill to 
bash and to look like you are doing something.
  I did not offer the Jackson-Lee amendment because I realized that, 
rather than doing real lobbying reform, the other side wants to bash 
innocent spouses and children. That is what they want to do. They 
wanted to make light of an amendment that I was offering to ensure the 
clarity of the fact that if you had no inside knowledge or benefit to 
the fact that your spouse or anyone else was involved in culpable 
behavior, that you, as an innocent spouse, and an innocent child, 
should not be, of course, the, if you will, the victim of that criminal 
behavior.
  On the other hand, in the Judiciary Committee, when we had the right 
kind of amendment, Mr. Van Hollen offered an amendment that would 
require additional quarterly disclosures by lobbyists, including 
disclosures of the names of Federal candidates and office holders, 
their leadership PACs or political committees for whom fundraising 
events are hosted by lobbyists, and information regarding payment for 
events honoring Members.
  Guess what? That was eliminated from the final bill, even though it 
was passed successfully in the Judiciary Committee.
  So this is not a serious attempt for lobbying reform. It is an 
attempt to eliminate amendments of Democrats. Bring one on the floor so 
that you can bash it, rather than looking seriously at the language 
that the Jackson-Lee amendment had, which was to clarify to make sure 
that we get those who are the true culprits.
  If the spouse and the child is involved in the bad behavior, then 
eliminate all their benefits. If they are not, then you should protect 
them so that they are not the victims of this bad behavior.
  But I see, Mr. Chairman, you are not interested in serious lobbying 
reform. All you are interested in doing is bashing other Members, 
bashing spouses, bashing children and representing that this is a 
bipartisan bill. It is not a bipartisan bill. You have eliminated all 
the amendments, and it is not a bipartisan bill.
  I hope that we will be able to get on track and find our way in the 
real manner of collaborative work so that when Members try to go to the 
other side and speak intelligently about an amendment, they won't get 
the back hand of someone who thinks that they can just ``diss'' you 
just because you are on the minority.
  We need to be working on this issue in a bipartisan manner. And I 
welcome some of the very progressive amendments. And I when I say 
progressive, don't think I am labeling you, but the very smart 
amendments that add more requirements.
  And I think the idea of training certainly moves us forward. But as 
the gentlewoman from California said, we have left out an enormous 
amount of real reasonable response to this question.

                              {time}  1600

  So I hope that in the final analysis that we will go back to the 
drawing board and be able to assess, if you will, the importance of 
real collaboration.
  I will just simply say that this idea of using innocent spouses and 
children, opposing a proposed amendment, which I did not offer because 
I understood that this was going to be a scapegoat that would cause 
people not to see the true issue, which is to clarify those who had 
nothing to do with the bad behavior.
  And to the American public and my colleagues, I think we can 
understand the concept in America of due process and innocent until 
proven guilty. Let us get to the bottom line of making sure that our 
house is in order, but when it comes to those innocent individuals, let 
us make sure that we have

[[Page 6893]]

clear language to protect innocent children and spouses who are 
determined to be without fault.
  The Office of Personnel Management is a regulatory agency, not a 
lawmaking body, as the Congress is; and I thought it was important for 
my amendment to have been offered and accepted to clarify the 
protection of families. But the majority was opposing it because they 
wanted sound bites not real enforceable legislation. It was not offered 
because I did not want political play to get in the place of serious 
legislation.
  With that, Mr. Castle, let me say you have something that is a good 
idea, but we could clearly do more; and I ask my colleagues to vote 
against this false representation of lobbying reform, H.R. 4975.
  Mr. Chairman, I appreciate the opportunity to explain my amendment. 
The need for the amendment I offer is not obvious at first glance but 
the harm it corrects would be apparent to all Members as soon as they 
have a chance to think about it.
  I share the discomfort that comes with writing laws that govern 
ourselves, rather than laws that govern the Nation. However, we are 
legislators just as much as we are politicians. We must rise to the 
occasion, excel beyond expectations, and sensibly construct guidelines 
that will secure our honesty and accountability .
  What will Americans read in the newspaper tomorrow, or see on the 
news this evening? We do not want to appear like a classroom of 
children turning out their pockets when we accuse each other of 
stealing candy. We want to stand together as a legislature and raise 
our own standard of conduct and value of ethics proudly, in a 
bipartisan manner, as colleagues.
  Until this week, this lobbying reform bill was succeeding. 
Differences of opinion were discussed openly, language and subject 
matter was debated publicly, and compromises were made with the larger 
goal of improving and correcting the involvement of interest groups in 
legislative work.
  However, without an open rule, it is difficult to continue asserting 
that this is a bipartisan effort, and it is impossible to say that this 
is a transparent process. If we are struggling to make lobbying more 
accountable and transparent, how can we create these laws in an 
unaccountable and nontransparent manner? The hypocrisy is as obvious as 
it is embarrassing.
  I am pleased that the Rules Committee was open to consideration of 
each amendment, and I thank Chairman Dreier and every Rules committee 
member for the opportunity to offer my amendment preserving the rights 
of spouses and children to benefit from pensions without bearing the 
burden of disproving guilt by association.
  However, I am disturbed by the abruptness and the brevity with which 
privately funded travel was discarded in the committee print of the 
bill. Although the Lungren/Miller amendment that will be in order today 
is better, I believe that stifling any Member's opportunity to grow and 
learn is myopic, and I believe that many of these trips are crucially 
educational.
  We, as Members of Congress, have a duty to act as witnesses for human 
rights considerations, for foreign policy interests, and for domestic 
troubles. Travel can be vital continuing education.
  We must put ethical guidelines in place, but not without thinking 
them through thoroughly. We all understand and agree that major changes 
must take place in lobbying reform. We must concentrate on what is most 
responsible, most practical, and most cogent.
  Overall, I am disappointed in this bill, and disappointed that there 
are those among us who would sabotage the legislative process--such as 
subcommittee and committee hearings and markups and floor debates--in 
order to achieve their own ends. We need lobbying reform because we 
need to return the policy discussion to the American people, and take 
it out of the hands and pockets of over-privileged insiders and favor-
traders.
  We have a long history of lobbying reform, dating back to the 
passionate debates of the Federalist Papers. Interest groups, or 
``factions,'' to use the contemporary term, provided both an 
immeasurable value to democracy, and yet interest groups also bring the 
threat of undue influence. According to Madison:

       Liberty is to faction, what air is to fire, an ailment 
     without which it instantly expires. But it could not be a 
     less folly to abolish liberty, which is essential to 
     political life, because it nourishes faction, than it would 
     be to wish the annihilation of air, which is essential to 
     animal life, because it imparts to fire its destructive 
     agency. (Federalist Paper #10)

  I am inclined to agree. I urge my colleagues to allow the debate 
today to assist in building lobbying reform that will withstand 
criticism many years from now, and that we may look upon as noble, 
fair, and correct.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Petri). Members should direct their remarks 
to the Chair and not to others in the second person.
  Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume.
  Let me just say at the outset that what we have just heard 
essentially is about an amendment that was not presented, not this 
particular amendment, and perhaps about the bill; and I appreciate the 
support of the amendment by both sides here.
  Mr. Chairman, I yield such time as he may consume to the 
distinguished chairman of the Rules Committee, Mr. Dreier.
  Mr. DREIER. Mr. Chairman, I really was somewhat saddened. I am always 
pleased to yield to Members when they ask me for time, regardless of 
what side of the aisle they are on, because I am interested in rigorous 
debate.
  As the chairman of the Rules Committee, I was very proud to make in 
order the Jackson-Lee amendment that would have allowed for a full 
debate and a discussion on the issue of spouses being the beneficiary 
of pensions. We in this legislation have provided flexibility to the 
Office of Personnel Management to ensure that they could, in fact, when 
a spouse, a victim, as my friend has described them, has potentially 
been in a position where they could lose their pension.
  We are now in the midst of the Castle amendment, which is enjoying 
bipartisan support, as is virtually every other amendment that we have 
considered on the floor this afternoon. And yet I am talking about an 
amendment, the Jackson-Lee amendment, that I made in order in the Rules 
Committee and she chose not to offer that amendment; instead, stood up 
and said that I am not committed to reform. And I am happy that the 
Chair, in fact, admonished the Member to address the comments to the 
Chair.
  We would not be here today, Mr. Chairman, were it not for the strong 
commitment of Speaker Hastert and the Republican leadership to the 
issue of institutional reform; and we want to make sure that no one is 
victimized by abhorrent behavior that takes place by lobbyists or by 
individual Members. But we also believe strongly in the issue of 
accountability, and that is exactly what we are getting at by providing 
the flexibility to the Office of Personnel Management.
  I think that, on the issue of accountability, once again, as I said, 
Mr. Castle has done a great job of ensuring that there is a clear 
understanding of exactly what the new definition will consist of when 
we pass this legislation.
  I thank my friend for yielding, and I thank my friend from Houston 
for her thoughtful comments, and I still am, again, sorry that she 
would not yield to me. I would be happy, if Mr. Castle has the time, to 
yield to her at this time if she would like to respond to any of the 
comments that I have made.
  The Acting CHAIRMAN. The gentleman from Delaware's time has expired.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield for the purpose 
of making a unanimous consent request to the gentleman from Texas (Mr. 
Gene Green).
  Mr. GENE GREEN of Texas. Mr. Chairman, I rise in opposition to H.R. 
4975, the fake lobby regulation and transparency act.
  This is an attempt to fool the American people into thinking that 
this body is doing something substantive to reform the way lobbyists 
and Congress do business.
  This bill does no such thing.
  This legislation does nothing to address the larger issues of ethics 
reform. It does not address corporate jet travel, tougher gift rules, 
or financial perks provided by lobbyists.
  The temporary suspension of privately funded trips offered here today 
is not good enough. We should commit to ban private corporate travel. I 
understand there is some sentiment that we should wait for the Ethics 
Committee to issue rules on this issue. However, if we want a ban on 
corporate travel, then we should pass such a ban now.

[[Page 6894]]

  Also, we've heard a lot of talk about strengthening gift rules, but 
there is no disclosure. We need to tighten gift rules to ensure that 
people abide by them.
  The gift rule should address the sometimes extravagant receptions 
honoring Members of this body paid for by lobbyists and corporations. 
This bill does not require the disclosure of such events.
  We could have started to address these issues had the Rules Committee 
allowed amendments on the Floor today that would have addressed these 
issues.
  I offered an amendment to bring transparency to State governments 
using tax dollars to hire lobbyists here in Washington.
  The State of Texas hired lobbyists for over $1 million and we have no 
idea what they have done to earn that money.
  They have never called, e-mailed, or come by my office or any other 
Democratic Member's office from Texas in the years they have been under 
contract.
  We have written Governor Perry twice asking what these lobbyists are 
doing and he has ignored our requests.
  The bottom line is this bill does nothing to bring true lobbying 
reform to Congress and we owe the American people better than this.
  The people of this country can not be fooled. They will not tolerate 
anything but real lobbying reform that contains true transparency of 
all lobbying transactions and an ethics system that works.
  This Republican majority arbitrarily changed the House Ethics rules 
last year and removed the republican chair and Members who were trying 
to do their job.
  Then, they terminated Ethics Committee staff members for partisan 
reasons. They do not want real lobby reform.
  I urge my colleagues to vote against H.R. 4975 and support the motion 
to recommit.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield the balance of 
my time to the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentlewoman for 
yielding me this time.
  But let me say to the distinguished gentleman, I did not have time to 
yield; and I thank you for your graciousness. But I think if we had had 
the gracious discussion that you offered now on the floor of the House 
previously where we could have discussed the idea of a full debate on 
this matter, there might have been a different response by myself the 
proponent of the amendment to protect innocent spouses and children 
shown to be without fault in any manner of corruption. I think we are 
all committed, as you have said, to the idea of getting the ones who 
are guilty, but the innocent we should protect.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Delaware (Mr. Castle).
  The amendment was agreed to.


                  Amendment No. 9 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 9 printed in House Report 109-441 
     offered by Mr. Flake:
       Add at the end of the bill the following:

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. BRIBERY.

       Section 201(a)(3) of title 18, United States Code, is 
     amended by inserting ``including an earmark as defined in 
     section 501(d) of the Lobbying Accountability and 
     Transparency Act of 2006,'' after ``controversy,''.

  The Acting CHAIRMAN. Pursuant to House Resolution 783, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I yield myself such time as I may consume.
  This amendment would simply clarify the application of criminal 
bribery and illegal gratuities statutes with regard to earmarks. 
Specifically, this amendment would bolster the bribery statute in the 
criminal code by adding earmarks, as defined by this bill, to the 
statute. This is the first time we have ever defined earmark in this 
bill, and so I think it is appropriate to ensure that we add it to the 
bribery statute.
  This will mean that the law would prohibit a person from, directly or 
indirectly, corruptly giving, offering, or promising anything of value 
to any public official with the intent to influence any official act 
relating to an earmark.
  The amendment would also prohibit a public official from corruptly 
demanding, seeking, receiving, accepting, or agreeing to receive 
anything of value in return for influence in the performance of an 
official act related to an earmark.
  Recent bribery scandals have brought to light something that fiscal 
conservatives on both sides of the aisle have been talking about for 
years, that the number and dollar value of earmarks are out of control. 
Lobbyists, Members, earmarks, and campaign contributions have, 
unfortunately, been inextricably linked in the Duke Cunningham scandal. 
It was reported that Mr. Cunningham actually had a bribe menu on his 
congressional letterhead, that he actually offered earmarks in exchange 
for money. How many more stories are we likely to see unless Members 
realize that this is a serious matter?
  It is my hope this amendment will bring more attention to this 
ongoing problem by adding earmarks to the bribery statute. I believe 
that this will bolster the already meaningful earmark reform in the 
underlying bill.
  Again, I thank the Speaker, the majority leader, the chairman, and 
Chairman Sensenbrenner, also, in the Judiciary Committee for help with 
this amendment.
  Mr. DREIER. Mr. Chairman, will the gentleman yield?
  Mr. FLAKE. I yield to the gentleman from California.
  Mr. DREIER. Mr. Chairman, I thank my friend for yielding.
  I believe that as we look at the issue of earmark reform, Mr. 
Chairman, it is very important for us to realize that our attempts to 
rein in the size and scope of the Federal Government is a high 
priority. My friend has worked on that, and I believe that this 
amendment itself goes right at that goal of especially the question of 
people seeing some sort of self-enrichment through the appropriations 
process here. I thank my friend for his contribution, and I am proud to 
strongly support the amendment.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I claim the time in 
opposition, although I will not oppose the amendment.
  Members should recognize that the amendment is redundant at best and 
really does not do anything to strengthen the lobby laws.
  This amendment creates a redundancy in the U.S. Code by adding 
language that is already covered. Section 201(a)(3) already and 
currently prohibits receiving a personal benefit in exchange for ``any 
decision or action on any question, matter, cause, suit, proceeding, or 
controversy.'' This amendment would add to that language ``including an 
earmark as defined in section 501(d) of the Lobbying Accountability and 
Transparency Act,'' but earmarks are already covered under the current 
code because it is already a decision or action, and thus the language 
in the amendment is unnecessary. But, as I told my colleague on the 
Judiciary Committee, I do not oppose redundancies in the committee or 
on the floor.
  I would note, however, that if those across the aisle wanted real 
reform in the way of earmarks, they would support a measure that would 
prohibit Members from offering or withholding an earmark to influence 
how another Member votes. And if those across the aisle wanted real 
reform, they would require real disclosure of earmarks.
  I would note further that, in proof of the redundancy comment I made 
at the start of my comments, our former colleague from the 50th 
Congressional District in California is living proof that the statute 
works. He is in prison today for bribery. And I have often thought, 
although he was convicted of bribery, he actually took money to sell 
out the military; and, as far as I am concerned, that is treason as 
well. Our military has the right to expect the very best that we can 
buy for them by way of intelligence, equipment. They deserve the very 
best. What they do not deserve is a Member of Congress selling them out 
for money, and that is what happened in that case.

[[Page 6895]]

  I would note that there were discussions of having some kind of 
earmark reform in this bill, and it is a measure of how discombobulated 
the majority is. I believe that the appropriators were unable to come 
to agreement with the authorizers, and what we have ended up with 
actually is a bill where you can sneak those earmarks in in the dead of 
night. You can sneak them in; and although it is a bribe that we are 
talking about, the real reform, the transparency that would prevent 
that, is missing from this bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. FLAKE. Mr. Chairman, I yield 1 minute to the gentleman from 
California (Mr. Dreier).
  Mr. DREIER. Mr. Chairman, I thank my friend for yielding.
  Mr. Chairman, I think it is very important for us to note that last 
week, as we were prepared to consider the vote on this rule, a strong 
commitment was made by the Speaker of the House, the majority leader, 
and others on the leadership team; and I, as the author of this 
legislation, have been very pleased to make a commitment that, as we 
look at the issue of earmark reform, it should be broad. And we want to 
do everything that we can to ensure that the kind of abuse a number of 
people have talked about in the past does not take place.
  It is important to note that we have seen a 37 percent reduction in 
the number of earmarks under the very able leadership of Chairman Jerry 
Lewis on this issue, and he is committed to further earmark reform. But 
we also are committed to dealing with this issue in a similar way to 
the way it has been addressed in the Senate, and that is to ensure that 
it is broad based and crosses from appropriators to authorizers as 
well. So I think that the conclusion that my very good friend from 
California has drawn is an inaccurate one.
  Mr. FLAKE. Mr. Chairman, I yield myself such time as I may consume.
  I would just point out, Mr. Chairman, there is nothing wrong with 
redundancy, but this is more than that. This is the first time that we 
have actually defined earmark in this underlying bill, and it is 
appropriate when we have defined earmark to then apply a criminal 
statute to it, and that is what this is an attempt to do.
  The point was made about Duke Cunningham. As I mentioned, he 
reportedly had a bribe menu on his congressional letterhead. My guess 
is that if there was a statute like this and earmarks defined like this 
that it would have given him second thoughts before he went down this 
road. I hope that is the case. That is the purpose of this amendment, 
and I am pleased there seems to be broad acceptance of it.
  Mr. Chairman, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time 
as I may consume.
  I would just note that we are today dealing with this rather small 
effort to do lobbying reform and missing, I guess, sort of ``the check 
is in the mail'' on earmark reform. I do not believe for a minute, and 
as a matter of fact, former Congressman Cunningham himself admitted 
that what he did was wrong, that he knew it was wrong. He sold his 
country. He sold his vote.

                              {time}  1615

  The fact is that he was convicted of bribery, and he is in prison 
today. We need to have greater transparency on these earmarks. That is 
really a very serious issue that is completely missing.
  I don't oppose the Flake amendment. It doesn't really do anything, 
but I don't oppose it. We would really accomplish something if we were 
to publish the earmarks, if we were to make sure that earmarks could 
not be included in the dark of night; if we were to make sure that this 
mess was cleaned up, then we would actually be yielding something for 
the American people. I don't believe that we are.
  Mr. FLAKE. Mr. Chairman, will the gentlewoman yield?
  Ms. ZOE LOFGREN of California. I yield to the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I would just point out that had any of us 
known Mr. Cunningham had been bribed for the earmarks he got, it is 
still unlikely we would have been able to go and challenge those 
earmarks. The underlying bill will at least make that possible, where 
his name would have been next to it and we would have had an 
opportunity during the House consideration of the bill and even perhaps 
in the conference process.
  I thank the gentlewoman for yielding.
  Ms. ZOE LOFGREN of California. Mr. Chairman, reclaiming my time, I 
would just like to note it is the entire system that is a problem here. 
It is a culture that leads to corruption that we are trying to correct 
here. I don't think the gentleman's amendment succeeds in that, 
although I am sure he is sincere in offering it, and the underlying 
bill does not succeed in cleaning up that swamp.
  Again, I do not object to the amendment, but I wish this whole bill 
were a lot more than it is.
  Mr. Chairman, I yield back my time.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Arizona (Mr. Flake).
  The amendment was agreed to.


                 Amendment No. 1 Offered by Mr. Gohmert

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Texas (Mr. 
Gohmert) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 108, 
noes 320, not voting 4, as follows:

                             [Roll No. 117]

                               AYES--108

     Aderholt
     Akin
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Brady (TX)
     Burgess
     Burton (IN)
     Cannon
     Carter
     Coble
     Cole (OK)
     Conaway
     Cooper
     Cubin
     Deal (GA)
     Delahunt
     DeLay
     Doolittle
     Duncan
     English (PA)
     Everett
     Feeney
     Flake
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey
     Gohmert
     Granger
     Gutknecht
     Hall
     Hayes
     Hefley
     Hensarling
     Herger
     Hostettler
     Hulshof
     Hunter
     Istook
     Jenkins
     Johnson, Sam
     Jones (NC)
     King (IA)
     Kingston
     Kline
     Kolbe
     Latham
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCrery
     McHenry
     McKeon
     McMorris
     Miller (FL)
     Miller, Gary
     Murtha
     Myrick
     Neugebauer
     Norwood
     Nunes
     Otter
     Oxley
     Paul
     Pearce
     Pitts
     Radanovich
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Ryun (KS)
     Sabo
     Schwarz (MI)
     Sessions
     Sherwood
     Shuster
     Simpson
     Smith (TX)
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Wamp
     Weldon (FL)
     Westmoreland
     Wicker
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--320

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bono
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Costello
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doyle
     Drake
     Dreier
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Frank (MA)
     Frelinghuysen

[[Page 6896]]


     Gallegly
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (NY)
     Kirk
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Reyes
     Rogers (KY)
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shadegg
     Shaw
     Shays
     Sherman
     Shimkus
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn

                             NOT VOTING--4

     Buyer
     Evans
     Osborne
     Scott (GA)

                              {time}  1646

  Mrs. NORTHUP, Ms. GINNY BROWN-WAITE of Florida, Ms. HARRIS, Mrs. JO 
ANN DAVIS of Virginia, Messrs. LoBIONDO, POMBO, LEWIS of Kentucky, 
FOLEY, MOLLOHAN, CAMPBELL of California, GIBBONS, HYDE, GRAVES, SODREL, 
CULBERSON, KELLER, PICKERING, CALVERT, Mrs. MUSGRAVE, Messrs. FORBES, 
GOODLATTE, BILIRAKIS and CANTOR changed their vote from ``aye'' to 
``no.''
  Miss McMORRIS, Mr. OTTER and Mr. ISTOOK changed their vote from 
``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          PERSONAL EXPLANATION

  Ms. HARRIS. Mr. Chairman, I am writing in regards to the Gohmert 
Amendment to the Lobbying Accountability and Transparency Act. During 
the vote on the amendment, roll No. 117, I inadvertently voted ``no,'' 
but intended to vote ``aye.''
  The Acting CHAIRMAN (Mr. Petri). There being no other amendments, the 
question is on the amendment in the nature of a substitute, as amended.
  The amendment in the nature of a substitute, as amended, was agreed 
to.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Gillmor) having assumed the chair, Mr. Petri, Acting Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 4975) to 
provide greater transparency with respect to lobbying activities, and 
for other purposes, pursuant to House Resolution 783, he reported the 
bill, as amended pursuant to that rule, back to the House with further 
sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any further amendment? If not, the 
Chair will put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


              Motion to Recommit Offered by Ms. Slaughter

  Ms. SLAUGHTER. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Ms. SLAUGHTER. Mr. Speaker, I am in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Slaughter of New York moves to recommit the bill H.R. 
     4975 to the Committee on Rules with instructions to report 
     the same back to the House forthwith with the following 
     amendment:

     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 2006''.
       (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. Extension of lobbying ban for former Members and employees of 
              Congress and executive branch officials.
Sec. 102. Elimination of floor privileges and access to Members 
              exercise facilities for former Member lobbyists.
Sec. 103. Disclosure by Members of Congress and senior congressional 
              staff of employment negotiations.
Sec. 104. Ethics review of employment negotiations by executive branch 
              officials.
Sec. 105. Wrongfully influencing a private entity's employment 
              decisions or practices.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Electronic filing of lobbying disclosure reports.
Sec. 203. Additional lobbying disclosure requirements.
Sec. 204. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 205. Disclosure of lobbying activities by certain coalitions and 
              associations.
Sec. 206. Disclosure by registered lobbyists of past executive and 
              congressional employment.
Sec. 207. Public database of lobbying disclosure information.
Sec. 208. Conforming amendment.

         TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS

Sec. 301. Ban on gifts from lobbyists.
Sec. 302. Prohibition on privately funded travel.
Sec. 303. Prohibiting lobbyist organization and participation in 
              congressional travel.
Sec. 304. Prohibition on obligation of funds for travel by legislative 
              and executive branch officials.
Sec. 305. Per diem expenses for congressional travel.

             TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS

Sec. 401. Office of public integrity.
Sec. 402. Increased civil and criminal penalties for failure to comply 
              with lobbying disclosure requirements.
Sec. 403. Penalty for false certification in connection with 
              congressional travel.
Sec. 404. Mandatory annual ethics training for House employees.

                        TITLE V--OPEN GOVERNMENT

Sec. 501. Fiscal responsibility.
Sec. 502. Curbing abuses of power.
Sec. 503. Ending 2-day work weeks.
Sec. 504. Knowing what the House is voting on.
Sec. 505. Full and open debate in conference.

               TITLE VI--ANTI-CRONYISM AND PUBLIC SAFETY

Sec. 601. Minimum requirements for political appointees holding public 
              safety positions.
Sec. 602. Effective date.

            TITLE VII--ZERO TOLERANCE FOR CONTRACT CHEATERS

Sec. 701. Public availability of Federal contract awards.
Sec. 702. Prohibition on award of monopoly contracts.

[[Page 6897]]

Sec. 703. Competition in multiple award contracts.
Sec. 704. Suspension and debarment of unethical contractors.
Sec. 705. Criminal sanctions for cheating taxpayers and wartime fraud.
Sec. 706. Prohibition on contractor conflicts of interest.
Sec. 707. Disclosure of Government contractor overcharges.
Sec. 708. Penalties for improper sole-source contracting procedures.
Sec. 709. Stopping the revolving door.

                   TITLE VIII--PRESIDENTIAL LIBRARIES

Sec. 801. Presidential libraries.

              TITLE IX--FORFEITURE OF RETIREMENT BENEFITS

Sec. 901.  Loss of pensions accrued during service as a Member of 
              Congress for abusing the public trust.

                  TITLE I--CLOSING THE REVOLVING DOOR

     SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER MEMBERS AND 
                   EMPLOYEES OF CONGRESS AND EXECUTIVE BRANCH 
                   OFFICIALS.

       Section 207 of title 18, United States Code, is amended--
       (1) in subsection (c)--
       (A) in the subsection heading, by striking ``One-year'' and 
     inserting ``Two-year'';
       (B) in paragraph (1), by striking ``1 year'' and inserting 
     ``2 years'' in both places it appears; and
       (C) in paragraph (2)(B), by striking ``1-year period'' and 
     inserting ``2-year period;''
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``1 year'' and inserting 
     ``2 years''; and
       (B) in paragraph (2)(A), by striking ``1 year'' and 
     inserting ``2 years''; and
       (3) in subsection (e)--
       (A) in paragraph (1)(A), by striking ``1 year'' and 
     inserting ``2 years'';
       (B) in paragraph (2)(A), by striking ``1 year'' and 
     inserting ``2 years'';
       (C) in paragraph (3), by striking ``1 year'' and inserting 
     ``2 years'';
       (D) in paragraph (4), by striking ``1 year'' and inserting 
     ``2 years'';
       (E) in paragraph (5)(A), by striking ``1 year'' and 
     inserting ``2 years''; and
       (F) in paragraph (6), by striking ``1-year period'' and 
     inserting ``2-year period''.

     SEC. 102. ELIMINATION OF FLOOR PRIVILEGES AND ACCESS TO 
                   MEMBERS EXERCISE FACILITIES FOR FORMER MEMBER 
                   LOBBYISTS.

       (a) Floor Privileges.--(1) Clause 4 of rule IV of the Rules 
     of the House of Representatives is amended to read as 
     follows:
       ``4. (a) A former Member, Delegate, or Resident 
     Commissioner; a former Parliamentarian of the House; or a 
     former elected officer of the House or former minority 
     employee nominated as an elected officer of the House; or a 
     head of a department shall not be entitled to the privilege 
     of admission to the Hall of the House and rooms leading 
     thereto if he or she--
       ``(1) is a registered lobbyist or agent of a foreign 
     principal as those terms are defined in clause 5 of rule XXV;
       ``(2) has any direct personal or pecuniary interest in any 
     legislative measure pending before the House or reported by a 
     committee; or
       ``(3) is in the employ of or represents any party or 
     organization for the purpose of influencing, directly or 
     indirectly, the passage, defeat, or amendment of any 
     legislative proposal.
       ``(b) The Speaker may promulgate regulations that exempt 
     ceremonial or educational functions from the restrictions of 
     this clause.''.
       (2) Clause 2(a)(12) of rule IV of the Rules of the House of 
     Representatives is amended by inserting ``(subject to clause 
     4)'' before the period.
       (b) Exercise Facilities.--(1) The House of Representatives 
     may not provide access to any exercise facility which is made 
     available exclusively to Members and former Members of the 
     House of Representatives to any former Member who is a 
     lobbyist registered under the Lobbying Disclosure Act of 1995 
     or any successor statute. For purposes of this section, the 
     term ``Member of the House of Representatives'' includes a 
     Delegate or Resident Commissioner to the Congress.
       (2) The Committee on House Administration shall promulgate 
     regulations to carry out this section.

     SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND SENIOR 
                   CONGRESSIONAL STAFF OF EMPLOYMENT NEGOTIATIONS.

       Rule XXIII of the Rules of the House of Representatives is 
     amended by redesignating clause 14 as clause 15 and by adding 
     at the end the following new clause:
       ``14. (a) A Member, Delegate, Resident Commissioner, 
     officer, or employee of the House covered by the post 
     employment restriction provisions of title 18, United States 
     Code, shall notify the Committee on Standards of Official 
     Conduct that he or she is negotiating or has any arrangement 
     concerning prospective private employment if a conflict of 
     interest or the appearance of a conflict of interest may 
     exist.
       ``(b) The disclosure and notification under subparagraph 
     (a) shall be made within 3 business days after the 
     commencement of such negotiation or arrangement.
       ``(c) A Member or employee to whom this rule applies shall 
     recuse himself or herself from any matter in which there is a 
     conflict of interest for that Member or employee under this 
     rule and notify the Committee on Standards of Official 
     Conduct of such recusal.
       ``(d)(1) The Committee on Standards of Official Conduct 
     shall develop guidelines concerning conduct which is covered 
     by this paragraph.
       ``(2) The Committee on Standards of Official Conduct shall 
     maintain a current public record of all notifications 
     received under subparagraph (a) and of all recusals under 
     subparagraph (c).''.

     SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS BY 
                   EXECUTIVE BRANCH OFFICIALS.

       Section 208 of title 18, United States Code, is amended--
       (1) in subsection (b)(1)--
       (A) by inserting after ``the Government official 
     responsible for appointment to his or her position'' the 
     following: ``and the Office of Government Ethics''; and
       (B) by striking ``a written determination made by such 
     official'' and inserting ``a written determination made by 
     the Office of Government Ethics, after consultation with such 
     official,''; and
       (2) in subsection (b)(3), by striking ``the official 
     responsible for the employee's appointment, after review of'' 
     and inserting ``the Office of Government Ethics, after 
     consultation with the official responsible for the employee's 
     appointment and after review of''; and
       (3) in subsection (d)(1)--
       (A) by striking ``Upon request'' and all that follows 
     through ``Ethics in Government Act of 1978.'' and inserting 
     ``In each case in which the Office of Government Ethics makes 
     a determination granting an exemption under subsection (b)(1) 
     or (b)(3) to a person, the Office shall, not later than 3 
     business days after making such determination, make available 
     to the public pursuant to the procedures set forth in section 
     105 of the Ethics in Government Act of 1978, and publish in 
     the Federal Register, such determination and the materials 
     submitted by such person in requesting such exemption.''; and
       (B) by striking ``the agency may withhold'' and inserting 
     ``the Office of Government Ethics may withhold''.

     SEC. 105. 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. 226. Wrongfully influencing a private entity's 
       employment decisions by a Member of Congress

       ``Whoever, being a Senator or Representative in, or a 
     Delegate or Resident Commissioner to, the Congress or an 
     employee of either House of Congress, with the intent to 
     influence on the basis of partisan political affiliation an 
     employment decision or employment practice of any private 
     entity--
       ``(1) takes or withholds, or offers or threatens to take or 
     withhold, an official act; or
       ``(2) influences, or offers or threatens to influence, the 
     official act of another;

     shall be fined under this title or imprisoned for not more 
     than 15 years, or both, and may be disqualified from holding 
     any office of honor, trust, or profit under the United 
     States.''.
       (b) No Inference.--Nothing in section 226 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 226 of title 18, United States 
     Code, was already a criminal or civil offense prior to the 
     enactment of this Act, including sections 201(b), 201(c), and 
     216 of title 18, United States Code.
       (c) Chapter Analysis.--The chapter analysis for chapter 11 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``226. Wrongfully influencing a private entity's employment decisions 
              by a Member of Congress.''.
       (d) House Rules.--Rule XXIII of the Rules of the House (as 
     amended by section 103) is further amended by redesignating 
     clause 15 as clause 16, and by inserting after clause 14 the 
     following new clause:
       ``15. No Member, Delegate, or Resident Commissioner shall, 
     with the intent to influence on the basis of partisan 
     political affiliation an employment decision or employment 
     practice of any private entity--
       ``(1) take or withhold, or offer or threaten to take or 
     withhold, an official act; or
       ``(2) influence, or offer or threaten to influence, the 
     official act of another.''.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

     SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

       (a) Quarterly Filing Required.--Section 5 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
       (1) in subsection (a)--
       (A) by striking ``Semiannual'' and inserting ``Quarterly'';
       (B) by striking ``the semiannual period'' and all that 
     follows through ``July of each year'' and insert ``the 
     quarterly period beginning on the first days of January, 
     April, July, and October of each year''; and

[[Page 6898]]

       (C) by striking ``such semiannual period'' and insert 
     ``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 ``three-month period''.
       (2) Registration.--Section 4 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1603) is amended--
       (A) in subsection (a)(3)(A), by striking ``semiannual 
     period'' and inserting ``quarterly period''; and
       (B) in subsection (b)(3)(A), by striking ``semiannual 
     period'' and inserting ``quarterly period''.
       (3) Enforcement.--Section 6 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by 
     striking ``semiannual period'' and inserting ``quarterly 
     period''.
       (4) Estimates.--Section 15 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1610) is amended--
       (A) in subsection (a)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''; and
       (B) in subsection (b)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''.
       (5) Dollar amounts.--
       (A) Section 4 of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603) is amended--
       (i) in subsection (a)(3)(A)(i), by striking ``$5,000'' and 
     inserting ``$2,500'';
       (ii) in subsection (a)(3)(A)(ii), by striking ``$20,000'' 
     and inserting ``$10,000'';
       (iii) in subsection (b)(3)(A), by striking ``$10,000'' and 
     inserting ``$5,000''; and
       (iv) in subsection (b)(4), by striking ``$10,000'' and 
     inserting ``$5,000''.
       (B) Section 5 of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1604) is amended--
       (i) in subsection (c)(1), by striking ``$10,000'' and 
     ``$20,000'' and inserting ``$5,000'' and ``$10,000'', 
     respectively; and
       (ii) in subsection (c)(2), by striking ``$10,000'' both 
     places such term appears and inserting ``$5,000''.

     SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

       Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1604) is amended by adding at the end the following:
       ``(d) Electronic Filing Required.--A report required to be 
     filed under this section shall be filed in electronic form, 
     in addition to any other form that may be required by the 
     Secretary of the Senate or the Clerk of the House of 
     Representatives. The Secretary of the Senate and the Clerk of 
     the House of Representatives shall provide for public access 
     to such reports on the Internet.''.

     SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.

       (a) Disclosure of Contributions and Payments.--Section 5(b) 
     of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is 
     amended--
       (1) in paragraph (5), as added by section 204(c), by 
     striking the period and inserting a semicolon; and
       (2) by adding at the end the following:
       ``(6) for each registrant (and for any political committee, 
     as defined in section 301(4) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431(4)), affiliated with such 
     registrant) and for each employee listed as a lobbyist by a 
     registrant under paragraph 2(C)--
       ``(A) the name of each Federal candidate or officeholder, 
     leadership PAC, or political party committee, to whom a 
     contribution was made, and the amount of such contribution; 
     and
       ``(B) the name of each Federal candidate or officeholder, 
     or a leadership PAC of such candidate or officeholder, or 
     political party committee for whom a fundraising event was 
     hosted, cohosted, or otherwise sponsored, the date and 
     location of the event, and the total amount raised by the 
     event;
       ``(7) a certification that the lobbying firm or registrant 
     has not provided, requested, or directed a gift, including 
     travel, to a Member or employee of Congress in violation of 
     clause 5 of rule XXV of the Rules of the House of 
     Representatives;
       ``(8) the date, recipient, and amount of funds contributed 
     or disbursed by, or arranged by, a registrant or employee 
     listed as a lobbyist--
       ``(A) to pay the costs of an event to honor or recognize a 
     covered legislative branch official or covered executive 
     branch official;
       ``(B) to, or on behalf of, an entity that is named for a 
     covered legislative branch official or covered executive 
     branch official, or to a person or entity in recognition of 
     such official;
       ``(C) 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
       ``(D) to pay the costs of a meeting, retreat, conference or 
     other similar event held by, or for the benefit of, 1 or more 
     covered legislative branch officials or covered executive 
     branch officials;

     except that this paragraph shall not apply to any payment or 
     reimbursement made from funds required to be reported under 
     section 304 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 434); and
       ``(9) the name of each Member of Congress contacted by 
     lobbyists employed by the registrant on behalf of the 
     client.''.
       (b) Leadership PAC.--Section 3 of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1602) is amended by adding at the end 
     the following:
       ``(17) Leadership pac.--The term `leadership PAC' means an 
     unauthorized multicandidate political committee that is 
     established, financed, maintained, and controlled by an 
     individual who is a Federal officeholder or a candidate for 
     Federal office.''.
       (c) Full and Detailed Accounting.--Section 5(c)(1) of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(c)(1)) is 
     amended by striking ``shall be rounded to the nearest 
     $20,000'' and inserting ``shall be rounded to the nearest 
     $1,000''.
       (d) Notification of Members.--Section 6 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1605) is amended in 
     paragraph (2) by striking ``review, and, where necessary'' 
     and inserting ``review and--
       ``(A) if a report states (under section 5(b)(9) or 
     otherwise) that a Member of Congress was contacted, 
     immediately notify that Member of that report; and
       ``(B) where necessary,''.

     SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS 
                   LOBBYING.

       (a) Disclosure of Paid Efforts to Stimulate Grassroots 
     Lobbying.--Section 3 of the Lobbying Disclosure Act of 1995 
     (2 U.S.C. 1602) is amended--
       (1) in paragraph (7), by adding at the end the following: 
     ``Lobbying activities include paid efforts to stimulate 
     grassroots lobbying, but do not include grassroots 
     lobbying.''; and
       (2) by adding at the end the following:
       ``(18) Grassroots lobbying.--The term `grassroots lobbying' 
     means the voluntary efforts of members of the general public 
     to communicate their own views on an issue to Federal 
     officials or to encourage other members of the general public 
     to do the same.
       ``(19) Paid efforts to stimulate grassroots lobbying.--The 
     term `paid efforts to stimulate grassroots lobbying'--
       ``(A) means any paid attempt to influence the general 
     public, or segments thereof, to engage in grassroots lobbying 
     or lobbying contacts; and
       ``(B) does not include any attempt described in 
     subparagraph (A) by a person or entity directed to its 
     members, employees, officers or shareholders, unless such 
     attempt is financed with funds directly or indirectly 
     received from or arranged by a lobbyist or other registrant 
     under this Act retained by another person or entity.
       ``(20) Grassroots lobbying firm.--The term `grassroots 
     lobbying firm' means a person or entity that--
       ``(A) is retained by 1 or more clients to engage in paid 
     efforts to stimulate grassroots lobbying on behalf of such 
     clients; and
       ``(B) receives income of, or spends or agrees to spend, an 
     aggregate of $50,000 or more for such efforts in any 
     quarterly period.''.
       (b) Registration.--Section 4(a) of the Act (2 U.S.C. 
     1603(a)) is amended--
       (1) in paragraph (1), by striking ``45'' and inserting 
     ``20'';
       (2) in the flush matter at the end of paragraph (3)(A)--
       (A) by striking ``as estimated'' and inserting ``as 
     included''; and
       (B) by adding at the end the following: ``For purposes of 
     clauses (i) and (ii) the term `lobbying activities' shall not 
     include paid efforts to stimulate grassroots lobbying.'';
       (3) by redesignating paragraph (3) as paragraph (4); and
       (4) by inserting after paragraph (2) the following:
       ``(3) Grassroots lobbying firms.--Not later than 20 days 
     after a grassroots lobbying firm first is retained by a 
     client to engage in paid efforts to stimulate grassroots 
     lobbying, such grassroots lobbying firm shall register with 
     the Secretary of the Senate and the Clerk of the House of 
     Representatives.''.
       (c) Separate Itemization of Paid Efforts to Stimulate 
     Grassroots Lobbying.--Section 5(b) of the Act (2 U.S.C. 
     1604(b)) is amended--
       (1) in paragraph (3), by--
       (A) inserting after ``total amount of all income'' the 
     following: ``(including a separate good faith estimate of the 
     total amount relating specifically to paid efforts to 
     stimulate grassroots lobbying and, within that amount, a good 
     faith estimate of the total amount specifically relating to 
     paid advertising)''; and
       (B) striking ``and'' after the semicolon;
       (2) in paragraph (4), by--
       (A) inserting after ``total expenses'' the following: 
     ``(including a good faith estimate of the total amount 
     relating specifically to paid efforts to stimulate grassroots 
     lobbying and, within that total amount, a good faith estimate 
     of the total amount specifically relating to paid 
     advertising)''; and
       (B) striking the period and inserting a semicolon;

[[Page 6899]]

       (3) by adding at the end the following:
       ``(5) in the case of a grassroots lobbying firm, for each 
     client--
       ``(A) a good faith estimate of the total disbursements made 
     for grassroots lobbying activities, and a subtotal for 
     disbursements made for grassroots lobbying through paid 
     advertising;
       ``(B) identification of each person or entity other than an 
     employee who received a disbursement of funds for grassroots 
     lobbying activities of $10,000 or more during the period and 
     the total amount each person or entity received; and
       ``(C) if such disbursements are made through a person or 
     entity who serves as an intermediary or conduit, 
     identification of each such intermediary or conduit, 
     identification of the person or entity who receives the 
     funds, and the total amount each such person or entity 
     received.''; and
       (4) by adding at the end the following:
     ``Subparagraphs (B) and (C) of paragraph (2) shall not apply 
     with respect to reports relating to paid efforts to stimulate 
     grassroots lobbying activities.''.
       (d) Large Grassroots Expenditure.--Section 5(a) of the Act 
     (2 U.S.C. 1604(a)) is amended--
       (1) by striking ``No later'' and inserting:
       ``(1) In general.--Except as provided in paragraph (2), not 
     later''; and
       (2) by adding at the end the following:
       ``(2) Large grassroots expenditure.--A registrant that is a 
     grassroots lobbying firm and that receives income of, or 
     spends or agrees to spend, an aggregate amount of $250,000 or 
     more on paid efforts to stimulate grassroots lobbying for a 
     client, or for a group of clients for a joint effort, shall 
     file--
       ``(A) a report under this section not later than 20 days 
     after receiving, spending, or agreeing to spend that amount; 
     and
       ``(B) an additional report not later than 20 days after 
     each time such registrant receives income of, or spends or 
     agrees to spend, an aggregate amount of $250,000 or more on 
     paid efforts to stimulate grassroots lobbying for a client, 
     or for a group of clients for a joint effort.''.

     SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN 
                   COALITIONS AND ASSOCIATIONS.

       (a) In General.--Paragraph (2) of section 3 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as 
     follows:
       ``(2) Client.--
       ``(A) In general.--The term `client' means any person or 
     entity that employs or retains another person for financial 
     or other compensation to conduct lobbying activities on 
     behalf of that person or entity. A person or entity whose 
     employees act as lobbyists on its own behalf is both a client 
     and an employer of such employees.
       ``(B) Treatment of coalitions and associations.--
       ``(i) In general.--Except as provided in clauses (ii) and 
     (iii), in the case of a coalition or association that employs 
     or retains other persons to conduct lobbying activities, each 
     of the individual members of the coalition or association 
     (and not the coalition or association) is the client. For 
     purposes of section 4(a)(3), the preceding sentence shall not 
     apply, and the coalition or association shall be treated as 
     the client.
       ``(ii) Exception for certain tax-exempt associations.--In 
     case of an association--

       ``(I) which is described in paragraph (3) of section 501(c) 
     of the Internal Revenue Code of 1986 and exempt from tax 
     under section 501(a) of such Code, or
       ``(II) which is described in any other paragraph of section 
     501(c) of the Internal Revenue Code of 1986 and exempt from 
     tax under section 501(a) of such Code and which has 
     substantial exempt activities other than lobbying with 
     respect to the specific issue for which it engaged the person 
     filing the registration statement under section 4,

     the association (and not its members) shall be treated as the 
     client.
       ``(iii) Exception for certain members.--

       ``(I) In general.--Information on a member of a coalition 
     or association need not be included in any registration under 
     section 4 if the amount reasonably expected to be contributed 
     by such member toward the activities of the coalition or 
     association of influencing legislation is less than $500 per 
     any quarterly period.
       ``(II) Exception.--Subclause (I) shall not apply with 
     respect to any member who unexpectedly makes aggregate 
     contributions of more than $500 in any quarterly period, and 
     the date the aggregate of such contributions first exceeds 
     $500 in such period shall be treated as the date of first 
     employment or retention to make a lobbying contact for 
     purposes of section 4.
       ``(III) No donor or membership list disclosure.--No 
     disclosure is required under this Act if it is publicly 
     available knowledge that the organization that would be 
     identified is affiliated with the client or has been publicly 
     disclosed to have provided funding to the client, unless the 
     organization in whole or in major part plans, supervises or 
     controls such lobbying activities. Nothing in this paragraph 
     shall be construed to require the disclosure of any 
     information about individuals who are members of, or donors 
     to, an entity treated as a client by this Act or an 
     organization identified under this paragraph.''.

       ``(iv) Look-thru rules.--In the case of a coalition or 
     association which is treated as a client under the first 
     sentence of clause (i)--

       ``(I) such coalition or association shall be treated as 
     employing or retaining other persons to conduct lobbying 
     activities for purposes of determining whether any individual 
     member thereof is treated as a client under clause (i), and
       ``(II) information on such coalition or association need 
     not be included in any registration under section 4 of the 
     coalition or association with respect to which it is treated 
     as a client under clause (i).''.

       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to--
       (A) coalitions and associations listed on registration 
     statements filed under section 4 of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1603) after the date of the enactment 
     of this Act, and
       (B) coalitions and associations for whom any lobbying 
     contact is made after the date of the enactment of this Act.
       (2) Special rule.--In the case of any coalition or 
     association to which the amendments made by this Act apply by 
     reason of paragraph (1)(B), the person required by such 
     section 4 to file a registration statement with respect to 
     such coalition or association shall file a new registration 
     statement within 30 days after the date of the enactment of 
     this Act.

     SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST 
                   EXECUTIVE AND CONGRESSIONAL EMPLOYMENT.

       Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603(b)(6)) is amended by striking ``or a covered 
     legislative branch official'' and all that follows through 
     ``as a lobbyist on behalf of the client,'' and inserting ``or 
     a covered legislative branch official,''.

     SEC. 207. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

       (a) Database Required.--Section 6 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1605) is further amended--
       (1) in paragraph (7) by striking ``and'' at the end;
       (2) in paragraph (8) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(9) maintain, and make available to the public over the 
     Internet, without a fee or other access charge, in a 
     searchable, sortable, and downloadable manner, an electronic 
     database that--
       ``(A) includes the information contained in registrations 
     and reports filed under this Act;
       ``(B) directly links the information it contains to the 
     information disclosed in reports filed with the Federal 
     Election Commission under section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434); and
       ``(C) is searchable and sortable to the maximum extent 
     practicable, including searchable and sortable by each of the 
     categories of information described in section 4(b) or 
     5(b).''.
       (b) Availability of Reports.--Section 6 of such Act is 
     further amended in paragraph (4) by inserting before the 
     semicolon at the end the following: ``and, in the case of a 
     report filed in electronic form pursuant to section 5(d), 
     shall make such report available for public inspection over 
     the Internet not more than 48 hours 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 such Act, as added by 
     subsection (a).

     SEC. 208. CONFORMING AMENDMENT.

       The requirements of this Act shall not apply to the 
     activities of any political committee described in section 
     301(4) of the Federal Election Campaign Act of 1971.

         TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS

     SEC. 301. BAN ON GIFTS FROM LOBBYISTS.

       (a) In General.--Clause 5(a)(1)(A) of rule XXV of the Rules 
     of the House of Representatives is amended by inserting 
     ``(i)'' after ``(A)'' and adding at the end the following:
       ``(ii) A Member, Delegate, Resident Commissioner, officer, 
     or employee of the House may not knowingly accept a gift from 
     a registered lobbyist or agent of a foreign principal or from 
     a nongovernmental organization that retains or employs 
     registered lobbyists or agents of a foreign principal except 
     as provided in subparagraphs (2)(B) or (3) of this 
     paragraph.''.
       (b) Rules Committee Review.--The Committee on Rules shall 
     review the present exceptions to the House gift rule and make 
     recommendations to the House not later than 3 months after 
     the date of enactment of this Act on eliminating all but 
     those which are absolutely necessary to effectuate the 
     purpose of the rule.

     SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL.

       Clause 5(b)(1)(A) of rule XXV of the Rules of the House of 
     Representatives is amended by inserting ``or from a 
     nongovernmental organization that retains or employs 
     registered lobbyists or agents of a foreign principal'' after 
     ``foreign principal''.

     SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION 
                   IN CONGRESSIONAL TRAVEL.

       (a) In General.--Clause 5 of rule XXV of the Rules of the 
     House of Representatives is

[[Page 6900]]

     amended by redesignating paragraphs (e) and (f) as paragraphs 
     (g) and (h), respectively, and by inserting after paragraph 
     (d) the following:
       ``(e) A Member, Delegate, Resident Commissioner, officer, 
     or employee of the House may not accept transportation or 
     lodging on any trip that is planned, organized, requested, 
     arranged, or financed in whole or in part by a lobbyist or 
     agent of a foreign principal, or in which a lobbyist 
     participates.
       ``(f) Before a Member, Delegate, Resident Commissioner, 
     officer, or employee of the House may accept transportation 
     or lodging otherwise permissible under this paragraph from 
     any person, such individual shall obtain 30 days before such 
     trip a written certification from such person (and provide a 
     copy of such certification to the Committee on Standards of 
     Official Conduct) that--
       ``(1) the trip was not planned, organized, requested, 
     arranged, or financed in whole, or in part by a registered 
     lobbyist or agent of a foreign principal and was not 
     organized at the request of a registered lobbyist or agent of 
     a foreign principal;
       ``(2) registered lobbyists will not participate in or 
     attend the trip; and
       ``(3) the person did not accept, from any source, funds 
     specifically earmarked for the purpose of financing the 
     travel expenses.
     The Committee on Standards of Official Conduct shall make 
     public information received under this paragraph as soon as 
     possible after it is received.''.
       (b) Conforming Amendments.--Clause 5(b)(3) of rule XXV of 
     the Rules of the House of Representatives is amended--
       (1) by striking ``of expenses reimbursed or to be 
     reimbursed'';
       (2) in subdivision (E), by striking ``and'' after the 
     semicolon;
       (3) in subdivision (F), by striking the period and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(G) a description of meetings and events attended during 
     such travel, except when disclosure of such information is 
     deemed by the Member or supervisor under whose direct 
     supervision the employee works to jeopardize the safety of an 
     individual or otherwise interfere with the official duties of 
     the Member, Delegate, Resident Commissioner, officer, or 
     employee.''.
       (c) Public Availability.--Subparagraph (5) of rule XXV of 
     the Rules of the House of Representatives is amended to read 
     as follows:
       ``(e) The Clerk of the House shall make available to the 
     public all advance authorizations, certifications, and 
     disclosures filed pursuant to subparagraphs (1) and 
     subparagraph (3)(H) as soon as possible after they are 
     received.''.

     SEC. 304. PROHIBITION ON OBLIGATION OF FUNDS FOR TRAVEL BY 
                   LEGISLATIVE AND EXECUTIVE BRANCH OFFICIALS.

       No Federal agency may obligate any funds made available in 
     an appropriation Act for a flight on a non-governmental 
     airplane that is not licensed by the Federal Aviation 
     Administration to operate for compensation or hire, taken as 
     part of official duties of a United States Senator, a Member, 
     Delegate, or Resident Commissioner of the House of 
     Representatives, an officer or employee of the Senate or 
     House of Representatives, or an officer or employee of the 
     executive branch.

     SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAVEL.

       Rule XXV of the Rules of the House of Representatives (as 
     amended by section 304(b) is further amended by adding at the 
     end the following:
       ``(h) Not later than 90 days after the date of adoption of 
     this paragraph and at annual intervals thereafter, the 
     Committee on House Administration shall develop and revise, 
     as necessary, guidelines on what constitutes `reasonable 
     expenses' or `reasonable expenditures' for purposes of this 
     rule. In developing and revising the guidelines, the 
     committee shall take into account the maximum per diem rates 
     for official Government travel published annually by the 
     General Services Administration, the Department of State, and 
     the Department of Defense.''.

             TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS

     SEC. 401. OFFICE OF PUBLIC INTEGRITY.

       (a) Establishment.--There is established within the Office 
     of Inspector General of the House of Representatives an 
     office to be known as the ``Office of Public Integrity'' 
     (referred to in this section as the ``Office''), which shall 
     be headed by a Director of Public Integrity (hereinafter 
     referred to as the ``Director'').
       (b) Office.--The Office shall have access to all lobbyists' 
     disclosure information received by the Clerk under the 
     Lobbying Disclosure Act of 1995 and conduct such audits and 
     investigations as are necessary to ensure compliance with the 
     Act.
       (c) Referral Authority.--The Office shall have authority to 
     refer violations of the Lobbying Disclosure Act of 1995 to 
     the Committee on Standards of Official Conduct and the 
     Department of Justice for disciplinary action, as 
     appropriate.
       (d) Director.--
       (1) In general.--The Director shall be appointed by the 
     Inspector General of the House. Any appointment made under 
     this subsection shall be made without regard to political 
     affiliation and solely on the basis of fitness to perform the 
     duties of the position. Any person appointed as Director 
     shall be learned in the law, a member of the bar of a State 
     or the District of Columbia, and shall not engage in any 
     other business, vocation, or employment during the term of 
     such appointment.
       (2) Staff.--The Director shall hire such additional staff 
     as are required to carry out this section, including 
     investigators and accountants.
       (e) Audits and Investigations.--
       (1) In general.--The Office shall audit lobbying 
     registrations and reports filed pursuant to the Lobbying 
     Disclosure Act of 1995 to determine the extent of compliance 
     or non-compliance with the requirements of such Act by 
     lobbyists and their clients.
       (2) Evidence of non-compliance.--If in the course an audit 
     conducted pursuant to the requirements of paragraph (1), the 
     Office obtains information indicating that a person or entity 
     may be in non-compliance with the requirements of the 
     Lobbying Disclosure Act of 1995, the Office shall refer the 
     matter to the United States Attorney for the District of 
     Columbia.
       (f) Conforming Amendment.--Section 8 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1607) is amended by striking 
     subsection (c).
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated in a separate account such sums as are 
     necessary to carry out this section.

     SEC. 402. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE 
                   TO COMPLY WITH LOBBYING DISCLOSURE 
                   REQUIREMENTS.

       Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1606) is amended--
       (1) by inserting `` (a) Civil Penalty.--'' before 
     ``Whoever'';
       (2) by striking ``$50,000'' and inserting ``$100,000''; and
       (3) by adding at the end the following:
       ``(b) Criminal Penalty.--
       ``(1) In general.--Whoever knowingly and wilfully fails to 
     comply with any provision of this section shall be imprisoned 
     for not more than 5 years, or fined under title 18, United 
     States Code, or both.
       ``(2) Corruptly.--Whoever knowingly, wilfully, and 
     corruptly fails to comply with any provision of this section 
     shall be imprisoned for not more than 10 years, or fined 
     under title 18, United States Code, or both.''.

     SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNECTION WITH 
                   CONGRESSIONAL TRAVEL.

       (a) Civil Fine.--
       (1) In general.--Whoever makes a false certification in 
     connection with the travel of a Member, officer, or employee 
     of either House of Congress (within the meaning given those 
     terms in section 207 of title 18, United States Code), under 
     clause 5 of rule XXV of the Rules of the House of 
     Representatives, shall, upon proof of such offense by a 
     preponderance of the evidence, be subject to a civil fine 
     depending on the extent and gravity of the violation.
       (2) Maximum fine.--The maximum fine per offense under this 
     section depends on the number of separate trips in connection 
     with which the person committed an offense under this 
     subsection, as follows:
       (A) First trip.--For each offense committed in connection 
     with the first such trip, the amount of the fine shall be not 
     more than $100,000 per offense.
       (B) Second trip.--For each offense committed in connection 
     with the second such trip, the amount of the fine shall be 
     not more than $300,000 per offense.
       (C) Any other trips.--For each offense committed in 
     connection with any such trip after the second, the amount of 
     the fine shall be not more than $500,000 per offense.
       (3) Enforcement.--The Attorney General may bring an action 
     in United States district court to enforce this subsection.
       (b) Criminal Penalty.--
       (1) In general.--Whoever knowingly and wilfully fails to 
     comply with any provision of this section shall be imprisoned 
     for not more than 5 years, or fined under title 18, United 
     States Code, or both.
       (2) Corruptly.--Whoever knowingly, wilfully, and corruptly 
     fails to comply with any provision of this section shall be 
     imprisoned for not more than 10 years, or fined under title 
     18, United States Code, or both.

     SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR HOUSE 
                   EMPLOYEES.

       (a) Ethics Training.--
       (1) In general.--The Committee on Standards of Official 
     Conduct shall provide annual ethics training to each employee 
     of the House which shall include knowledge of the Official 
     Code of Conduct and related House rules.
       (2) New employees.--A new employee of the House shall 
     receive training under this section not later than 60 days 
     after beginning service to the House.
       (b) Certification.--Not later than January 31 of each year, 
     each employee of the House shall file a certification with 
     the Committee on Standards of Official Conduct that the 
     employee attended ethics training in the last year as 
     established by this section.

[[Page 6901]]



                        TITLE V--OPEN GOVERNMENT

     SEC. 501. FISCAL RESPONSIBILITY.

       (a) Reconciliation.--Clause 10 of rule XVIII of the Rules 
     of the House of Representatives is amended by adding at the 
     end the following new paragraph:
       ``(d) It shall not be in order to consider any 
     reconciliation legislation which has the net effect of 
     reducing the surplus or increasing the deficit compared to 
     the most recent Congressional Budget Office estimate for any 
     fiscal year.''.
       (b) Application of Points of Order Under Congressional 
     Budget Act to All Bills and Joint Resolutions Considered 
     Under Special Orders of Business.--Rule XXI of the Rules of 
     the House of Representatives is amended by adding at the end 
     the following new clause:
       ``7. For purposes of applying section 315 of the 
     Congressional Budget and Impoundment Control Act of 1974, the 
     term `as reported' under such section shall be considered to 
     include any bill or joint resolution considered in the House 
     pursuant to a special order of business.''.

     SEC. 502. CURBING ABUSES OF POWER.

       (a) Limit on Time Permitted for Recorded Electronic 
     Votes.--Clause 2(a) of rule XX of the Rules of the House of 
     Representatives is amended by inserting after the second 
     sentence the following sentence: ``The maximum time for a 
     record vote by electronic device shall be 20 minutes, except 
     that the time may be extended with the consent of both the 
     majority and minority floor managers of the legislation 
     involved or both the majority leader and the minority 
     leader.''.
       (b) Congressional Integrity.--Rule XXIII of the Rules of 
     the House of Representatives (the Code of Official Conduct) 
     is amended--
       (1) by redesignating clause 14 as clause 16; and
       (2) by inserting after clause 13 the following new clauses:
       ``14. A Member, Delegate, or Resident Commissioner shall 
     not condition the inclusion of language to provide funding 
     for a district-oriented earmark, a particular project which 
     will be carried out in a Member's congressional district, in 
     any bill or joint resolution (or an accompanying report 
     thereof) or in any conference report on a bill or joint 
     resolution (including an accompanying joint statement of 
     managers thereto) on any vote cast by the Member, Delegate, 
     or Resident Commissioner in whose Congressional district the 
     project will be carried out.
       ``15. (a) A Member, Delegate, or Resident Commissioner who 
     advocates to include a district-oriented earmark in any bill 
     or joint resolution (or an accompanying report) or in any 
     conference report on a bill or joint resolution (including an 
     accompanying joint statement of managers thereto) shall 
     disclose in writing to the chairman and ranking member of the 
     relevant committee (and in the case of the Committee on 
     Appropriations to the chairman and ranking member of the full 
     committee and of the relevant subcommittee)--
       ``(1) the name of the Member, Delegate, or Resident 
     Commissioner;
       ``(2) the name and address of the intended recipient of 
     such earmark;
       ``(3) the purpose of such earmark; and
       ``(4) whether the Member, Delegate, or Resident 
     Commissioner has a financial interest in such earmark.
       ``(b) Each committee shall make available to the general 
     public the information transmitted to the committee under 
     paragraph (a) for any earmark included in any measure 
     reported by the committee or conference report filed by the 
     chairman of the committee or any subcommittee thereof.
       ``(c) The Joint Committee on Taxation shall review any 
     revenue measure or any reconciliation bill or joint 
     resolution which includes revenue provisions before it is 
     reported by a committee and before it is filed by a committee 
     of conference of the two Houses, and shall identify whether 
     such bill or joint resolution contains any limited tax 
     benefits. The Joint Committee on Taxation shall prepare a 
     statement identifying any such limited tax benefits, stating 
     who the beneficiaries are of such benefits, and any 
     substantially similar introduced measures and the sponsors of 
     such measures. Any such statement shall be made available to 
     the general public by the Joint Committee on Taxation.''.
       (c) Restrictions on Reporting Certain Rules.--Clause 6(c) 
     of rule XIII of the Rules of the House of Representatives is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (1);
       (2) by striking the period at the end of subparagraph (2) 
     and inserting a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(3) a rule or order for consideration of a bill or joint 
     resolution reported by a committee that makes in order as 
     original text for purposes of amendment, text which differs 
     from such bill or joint resolution as recommended by such 
     committee to be amended unless the rule or order also makes 
     in order as preferential a motion to amend that is neither 
     divisible nor amendable but, if adopted will be considered 
     original text for purposes of amendment, if requested by the 
     chairman or ranking minority member of the reporting 
     committee, and such rule or order shall waive all necessary 
     points of order against that amendment only if it restores 
     all or part of the text of the bill or joint resolution as 
     recommended by such committee or strikes some or all of the 
     original text inserted by the Committee on Rules that was not 
     contained in the recommended version;
       ``(4) a rule or order that waives any points of order 
     against consideration of a bill or joint resolution, against 
     provisions in the measure, or against consideration of 
     amendments recommended by the reporting committee unless the 
     rule or order makes in order and waives the same points of 
     order against one germane amendment if requested by the 
     minority leader or a designee;
       ``(5) a rule or order that waives clause 10(d) of rule 
     XVIII, unless the majority leader and minority leader each 
     agree to the waiver and a question of consideration of the 
     rule is adopted by a vote of two-thirds of the Members 
     voting, a quorum being present; or
       ``(6) a rule or order that waives clause 12(a) of rule 
     XXII.''.

     SEC. 503. ENDING 2-DAY WORK WEEKS.

       Rule XV of the Rules of the House of Representatives is 
     amended by adding at the end the following new clause:
       ``8. It shall not be in order to consider a resolution 
     providing for adjournment sine die unless, during at least 20 
     weeks of the session, a quorum call or recorded vote was 
     taken on at least 4 of the weekdays (excluding legal public 
     holidays).''.

     SEC. 504. KNOWING WHAT THE HOUSE IS VOTING ON.

       (a) Bills and Joint Resolutions.--
       (1) In general.--Rule XIII of the Rules of the House of 
     Representatives is amended by adding at the end the following 
     new clause:
       ``8. Except for motions to suspend the rules and consider 
     legislation, it shall not be in order to consider in the 
     House a bill or joint resolution until 24 hours after or, in 
     the case of a bill or joint resolution containing a district-
     oriented earmark or limited tax benefit, until 3 days after 
     copies of such bill or joint resolution (and, if the bill or 
     joint resolution is reported, copies of the accompanying 
     report) are available (excluding Saturdays, Sundays, or legal 
     holidays except when the House is in session on such a 
     day).''.
       (2) Prohibiting waiver.--Clause 6(c) of rule XIII of the 
     Rules of the House of Representatives, as amended by section 
     3(a), is further amended--
       (A) by striking ``or'' at the end of subparagraph (5);
       (B) by striking the period at the end of subparagraph (6) 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(7) a rule or order that waives clause 8 of rule XIII or 
     clause 8(a)(1)(B) of rule XXII, unless a question of 
     consideration of the rule is adopted by a vote of two-thirds 
     of the Members voting, a quorum being present.''.
       (b) Conference Reports.--Clause 8(a)(1)(B) of rule XXII of 
     the Rules of the House of Representatives is amended by 
     striking ``2 hours'' and inserting ``24 hours or, in the case 
     of a conference report containing a district-oriented earmark 
     or limited tax benefit, until 3 days after''.

     SEC. 505. FULL AND OPEN DEBATE IN CONFERENCE.

       (a) Numbered Amendments.--Clause 1 of rule XXII of the 
     Rules of the House of Representatives is amended by adding at 
     the end the following new sentence: ``A motion to request or 
     agree to a conference on a general appropriation bill is in 
     order only if the House expresses its disagreements with the 
     House in the form of numbered amendments.''.
       (b) Promoting Openness in Deliberations of Managers.--
     Clause 12(a) of rule XXII of the Rules of the House of 
     Representatives is amended by adding at the end the following 
     new subparagraph:
       ``(3) All provisions on which the two Houses disagree shall 
     be open to discussion at any meeting of a conference 
     committee. The text which reflects the conferees' action on 
     all of the differences between the two Houses, including all 
     matter to be included in the conference report and any 
     amendments in disagreement, shall be available to any of the 
     managers at least one such meeting, and shall be approved by 
     a recorded vote of a majority of the House managers. Such 
     text and, with respect to such vote, the total number of 
     votes cast for and against, and the names of members voting 
     for and against, shall be included in the joint explanatory 
     statement of managers accompanying the conference report of 
     such conference committee.''.
       (c) Point of Order Against Consideration of Conference 
     Report Not Reflecting Resolution of Differences as 
     Approved.--
       (1) In general.--Rule XXII of the Rules of the House of 
     Representatives is amended by adding at the end the following 
     new clause:
       ``13. It shall not be in order to consider a conference 
     report the text of which differs in any material way from the 
     text which reflects the conferees' action on all of the 
     differences between the two Houses, as approved by a recorded 
     vote of a majority of the House managers as required under 
     clause 12(a).''.
       (2) Prohibiting waiver.--Clause 6(c)(6) of rule XIII of the 
     Rules of the House of Representatives, as added by section 
     3(c)(3), is

[[Page 6902]]

     further amended by striking ``clause 12(a)'' and inserting 
     ``clause 12(a) or clause 13''.

               TITLE VI--ANTI-CRONYISM AND PUBLIC SAFETY

     SEC. 601. MINIMUM REQUIREMENTS FOR POLITICAL APPOINTEES 
                   HOLDING PUBLIC SAFETY POSITIONS.

       (a) In General.--A public safety position may not be held 
     by any political appointee who does not meet the requirements 
     of subsection (b).
       (b) Minimum Requirements.--An individual shall not, with 
     respect to any position, be considered to meet the 
     requirements of this subsection unless such individual--
       (1) has academic, management, and leadership credentials in 
     one or more areas relevant to such position;
       (2) has a superior record of achievement in one or more 
     areas relevant to such position;
       (3) has training and expertise in one or more areas 
     relevant to such position; and
       (4) has not, within the 2-year period ending on the date of 
     such individual's nomination for or appointment to such 
     position, been a lobbyist for any entity or other client that 
     is subject to the authority of the agency within which, if 
     appointed, such individual would serve.
       (c) Political Appointee.--For purposes of this section, the 
     term ``political appointee'' means any individual who--
       (1) is employed in a position listed in sections 5312 
     through 5316 of title 5, United States Code (relating to the 
     Executive Schedule);
       (2) is a limited term appointee, limited emergency 
     appointee, or noncareer appointee in the Senior Executive 
     Service; or
       (3) is employed in the executive branch of the Government 
     in a position which has been excepted from the competitive 
     service by reason of its policy-determining, policy-making, 
     or policy-advocating character.
       (d) Public Safety Position.--For purposes of this section, 
     the term ``public safety position'' means--
       (1) the Under Secretary for Emergency Preparedness and 
     Response, Department of Homeland Security;
       (2) the Director of the Federal Emergency Management 
     Agency, Department of Homeland Security;
       (3) each regional director of the Federal Emergency 
     Management Agency, Department of Homeland Security;
       (4) the Recovery Division Director of the Federal Emergency 
     Management Agency, Department of Homeland Security;
       (5) the Assistant Secretary for Immigration and Customs 
     Enforcement, Department of Homeland Security;
       (6) the Assistant Secretary for Public Health Emergency 
     Preparedness, Department of Health and Human Services;
       (7) the Assistant Administrator for Solid Waste and 
     Emergency Response, Environmental Protection Agency; and
       (8) any position (not otherwise identified under any of the 
     preceding provisions of this subsection) a primary function 
     of which involves responding to a direct threat to life or 
     property or a hazard to health, as identified by the head of 
     each employing agency in consultation with the Office of 
     Personnel Management.

     Beginning not later than 30 days after the date of the 
     enactment of this Act, the head of each agency shall maintain 
     on such agency's public website a current list of all public 
     safety positions within such agency.
       (e) Coordination With Other Requirements.--The requirements 
     set forth in subsection (b) shall be in addition to, and not 
     in lieu of, any requirements that might otherwise apply with 
     respect to any particular position.
       (f) Definitions.--For purposes of this section--
       (1) the term ``agency'' means an Executive agency (as 
     defined by section 105 of title 5, United States Code);
       (2) the terms ``limited term appointee'', ``limited 
     emergency appointee'', and ``noncareer appointee'' have the 
     respective meanings given them by section 3132 of such title 
     5;
       (3) the term ``Senior Executive Service'' has the meaning 
     given such term by section 2101a of such title 5;
       (4) the term ``competitive service'' has the meaning given 
     such term by section 2102 of such title 5; and
       (5) the terms ``lobbyist'' and ``client'' have the 
     respective meanings given them by section 3 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602).

     SEC. 602. EFFECTIVE DATE.

       This title shall apply with respect to any appointment made 
     after the end of the 30-day period beginning on the date of 
     the enactment of this Act.

            TITLE VII--ZERO TOLERANCE FOR CONTRACT CHEATERS

     SEC. 701. PUBLIC AVAILABILITY OF FEDERAL CONTRACT AWARDS.

       (a) Amendment.--The Office of Federal Procurement Policy 
     Act (41 U.S.C. 403 et seq.) is amended by inserting after 
     section 19 the following new section:

     ``SEC. 19A. PUBLIC AVAILABILITY OF CONTRACT AWARD 
                   INFORMATION.

       ``Not later than 14 days after the award of a contract by 
     an executive agency, the head of the executive agency shall 
     make publicly available, including by posting on the Internet 
     in a searchable database, the following information with 
     respect to the contract:
       ``(1) The name and address of the contractor.
       ``(2) The date of award of the contract.
       ``(3) The number of offers received in response to the 
     solicitation.
       ``(4) The total amount of the contract.
       ``(5) The contract type.
       ``(6) The items, quantities, and any stated unit price of 
     items or services to be procured under the contract.
       ``(7) With respect to a procurement carried out using 
     procedures other than competitive procedures--
       ``(A) the authority for using such procedures under section 
     303(c) of title III of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(c)) or 
     section 2304(c) of title 10, United States Code; and
       ``(B) the number of sources from which bids or proposals 
     were solicited.
       ``(8) The general reasons for selecting the contractor.''.
       (b) Clerical Amendment.--The table of contents contained in 
     section 1(b) of such Act is amended by inserting after the 
     item relating to section 19 the following new item:

``Sec. 19A. Public availability of contract award information.''.

       (c) Effective Date.--The amendments made by this Act shall 
     apply to contracts entered into more than 90 days after the 
     date of the enactment of this Act.

     SEC. 702. PROHIBITION ON AWARD OF MONOPOLY CONTRACTS.

       (a) Paragraph (3) of section 303H(d) of title III of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253h(d)) is amended to read as follows:
       ``(3)(A) The regulations implementing this subsection shall 
     prohibit the award of monopoly contracts.
       ``(B) In this subsection, the term `monopoly contract' 
     means a task or delivery order contract in an amount 
     estimated to exceed $10,000,000 (including all options) 
     awarded to a single contractor.
       ``(C) Notwithstanding subparagraph (A), a monopoly contract 
     may be awarded if the head of the agency determines in 
     writing that--
       ``(i) for one of the reasons set forth in section 303(c), a 
     single task or delivery order contract is in the best 
     interest of the Federal Government; or
       ``(ii) the task orders expected under the contract are so 
     integrally related that only a single contractor can 
     reasonably perform the work.''.
       (b) Section 303H(d)(1) of such Act is amended by striking 
     ``The head'' and inserting ``Subject to paragraph (3), the 
     head''.
       (c) Subsection (e) of section 303I of such Act (41 United 
     States Code 253i) is amended to read as follows:
       ``(e) Multiple Awards.--Section 303H(d) applies to a task 
     or delivery order contract for the procurement of advisory 
     and assistance services under this section.''.

     SEC. 703. COMPETITION IN MULTIPLE AWARD CONTRACTS.

       Title III of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by 
     inserting after section 303M the following new section:

     ``SEC. 303N. COMPETITION IN MULTIPLE AWARD CONTRACTS.

       ``(a) Regulations Required.--Not later than 180 days after 
     the date of the enactment of this section, the Federal 
     Acquisition Regulation shall be revised to require 
     competition in the purchase of goods and services by each 
     executive agency pursuant to multiple award contracts.
       ``(b) Content of Regulations.--(1) The regulations required 
     by subsection (a) shall provide, at a minimum, that each 
     individual purchase of goods or services in excess of 
     $100,000 that is made under a multiple award contract shall 
     be made on a competitive basis unless a contracting officer 
     of the executive agency--
       ``(A) waives the requirement on the basis of a 
     determination that--
       ``(i) one of the circumstances described in paragraphs (1) 
     through (4) of section 303J(b) applies to such individual 
     purchase; or
       ``(ii) a statute expressly authorizes or requires that the 
     purchase be made from a specified source; and
       ``(B) justifies the determination in writing.
       ``(2) For purposes of this subsection, an individual 
     purchase of goods or services is made on a competitive basis 
     only if it is made pursuant to procedures that--
       ``(A) require fair notice of the intent to make that 
     purchase (including a description of the work to be performed 
     and the basis on which the selection will be made) to be 
     provided to all contractors offering such goods or services 
     under the multiple award contract; and
       ``(B) afford all contractors responding to the notice a 
     fair opportunity to make an offer and have that offer fairly 
     considered by the official making the purchase.
       ``(3) Notwithstanding paragraph (2), notice may be provided 
     to fewer than all contractors offering such goods or services 
     under a multiple award contract described in subsection 
     (c)(2)(A) if notice is provided to as many contractors as 
     practicable.
       ``(4) A purchase may not be made pursuant to a notice that 
     is provided to fewer than all contractors under paragraph (3) 
     unless--

[[Page 6903]]

       ``(A) offers were received from at least three qualified 
     contractors; or
       ``(B) a contracting officer of the executive agency 
     determines in writing that no additional qualified 
     contractors were able to be identified despite reasonable 
     efforts to do so.
       ``(5) For purposes of paragraph (2), fair notice means 
     notice of intent to make a purchase under a multiple award 
     contract posted, at least 14 days before the purchase is 
     made, on the website maintained by the General Services 
     Administration known as FedBizOpps.gov (or any successor 
     site).
       ``(c) Definitions.--In this section:
       ``(1) The term `individual purchase' means a task order, 
     delivery order, or other purchase.
       ``(2) The term `multiple award contract' means--
       ``(A) a contract that is entered into by the Administrator 
     of General Services under the multiple award schedule program 
     referred to in section 309(b)(3);
       ``(B) a multiple award task order contract that is entered 
     into under the authority of sections 2304a through 2304d of 
     title 10, United States Code, or sections 303H through 303K; 
     and
       ``(C) any other indefinite delivery, indefinite quantity 
     contract that is entered into by the head of an executive 
     agency with two or more sources pursuant to the same 
     solicitation.
       ``(d) Applicability.--The revisions to the Federal 
     Acquisition Regulation pursuant to subsection (a) shall take 
     effect not later than 180 days after the date of the 
     enactment of this section and shall apply to all individual 
     purchases of goods or services that are made under multiple 
     award contracts on or after the effective date, without 
     regard to whether the multiple award contracts were entered 
     into before, on, or after such effective date.''.

     SEC. 704. SUSPENSION AND DEBARMENT OF UNETHICAL CONTRACTORS.

       (a) Civilian Agency Contractors.--Title III of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     251 et seq.) is amended by inserting after section 303N, as 
     added by section 703, the following new section:

     ``SEC. 303O. SUSPENSION AND DEBARMENT OF UNETHICAL 
                   CONTRACTORS.

       ``(a) In General.--No prospective contractor may be awarded 
     a contract with an agency unless the contracting officer for 
     the contract determines that such prospective contractor has 
     a satisfactory record of integrity and business ethics.
       ``(b) Definition.--No prospective contractor shall be 
     considered to have a satisfactory record of integrity and 
     business ethics if it--
       ``(1) has exhibited a pattern of overcharging the 
     Government under Federal contracts;
       ``(2) has exhibited a pattern of failing to comply with the 
     law, including tax, labor and employment, environmental, 
     antitrust, and consumer protection laws; or
       ``(3) has an outstanding debt with a Federal agency in a 
     delinquent status.''
       (b) Conforming Amendment.--The table of sections at the 
     beginning of such Act is amended by inserting after the item 
     relating to section 303N, as added by section 703, the 
     following new item:

``Sec. 303O. Suspension and debarment of unethical contractors.''.

     SEC. 705. CRIMINAL SANCTIONS FOR CHEATING TAXPAYERS AND 
                   WARTIME FRAUD.

       (a) Prohibition.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1039. Criminal sanctions for cheating taxpayers and 
       wartime fraud

       ``(a) Prohibition.--
       ``(1) In general.--Whoever, in any matter involving a 
     Federal contract for the provision of goods or services, 
     knowingly and willfully--
       ``(A) executes or attempts to execute a scheme or artifice 
     to defraud the United States;
       ``(B) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(C) makes any materially false, fictitious, or fraudulent 
     statements or representations, or makes or uses any 
     materially false writing or document knowing the same to 
     contain any materially false, fictitious, or fraudulent 
     statement or entry; or
       ``(D) materially overvalues any good or service with the 
     specific intent to excessively profit from war, military 
     action, or relief or reconstruction activities;
     shall be fined under paragraph (2), imprisoned not more than 
     10 years, or both.
       ``(2) Fine.--A person convicted of an offense under 
     paragraph (1) may be fined the greater of--
       ``(A) $1,000,000; or
       ``(B) if such person derives profits or other proceeds from 
     the offense, not more than twice the gross profits or other 
     proceeds.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Table of sections.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:

``1039. Criminal Sanctions for Cheating Taxpayers and Wartime Fraud.''.

       (d) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, 
     United States Code, is amended by inserting ``1039,'' after 
     ``1032,''.
       (e) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1039''.
       (f) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting the following: 
     ``, section 1039 (relating to Criminal Sanctions for Cheating 
     Taxpayers and Wartime Fraud,'' after ``liquidating agent of 
     financial institution),''.

     SEC. 706. PROHIBITION ON CONTRACTOR CONFLICTS OF INTEREST.

       (a) Prohibition.--An agency may not enter into a contract 
     for the performance of a function relating to contract 
     oversight with any contractor with a conflict of interest.
       (b) Definitions.--In this section:
       (1) The term ``function relating to contract oversight'' 
     includes the following specific functions:
       (A) Evaluation of a contractor's performance.
       (B) Evaluation of contract proposals.
       (C) Development of statements of work.
       (D) Services in support of acquisition planning.
       (E) Contract management.
       (2) The term ``conflict of interest'' includes cases in 
     which the contractor performing the function relating to 
     contract oversight, or any related entity--
       (A) is performing all or some of the work to be overseen;
       (B) has a separate ongoing business relationship, such as a 
     joint venture or contract, with any of the contractors to be 
     overseen;
       (C) would be placed in a position to affect the value or 
     performance of work it or any related entity is doing under 
     any other Government contract;
       (D) has a reverse role with the contractor to be overseen 
     under one or more separate Government contracts; and
       (E) has some other relationship with the contractor to be 
     overseen that could reasonably appear to bias the 
     contractor's judgment.
       (3) The term ``related entity'', with respect to a 
     contractor, means any subsidiary, parent, affiliate, joint 
     venture, or other entity related to the contractor.
       (c) Contracts Relating to Inherently Governmental 
     Functions.--An agency may not enter into a contract for the 
     performance of inherently governmental functions for contract 
     oversight (as described in subpart 7.5 of part 7 of the 
     Federal Acquisition Regulation).
       (d) Effective Date and Applicability.--This section shall 
     take effect on the date of enactment of this Act and shall 
     apply to--
       (1) contracts entered into on or after such date;
       (2) any task or delivery order issued on or after such date 
     under a contract entered into before, on, or after such date; 
     and
       (3) any decision on or after such date to exercise an 
     option or otherwise extend a contract for the performance of 
     a function relating to contract oversight regardless of 
     whether such contract was entered into before, on, or after 
     the date of enactment of this Act.

     SEC. 707. DISCLOSURE OF GOVERNMENT CONTRACTOR OVERCHARGES.

       (a) Quarterly Report to Congress.--
       (1) The head of each Federal agency or department shall 
     submit to the chairman and ranking member of each committee 
     described in paragraph (2) on a quarterly basis a report that 
     includes the following:
       (A) A list of audits or other reports issued during the 
     applicable quarter that describe contractor costs in excess 
     of $1,000,000 that have been identified as unjustified, 
     unsupported, questioned, or unreasonable under any contract, 
     task or delivery order, or subcontract.
       (B) The specific amounts of costs identified as 
     unjustified, unsupported, questioned, or unreasonable and the 
     percentage of their total value of the contract, task or 
     delivery order, or subcontract.
       (C) A list of audits or other reports issued during the 
     applicable quarter that identify significant or substantial 
     deficiencies in any business system of any contractor under 
     any contract, task or delivery order, or subcontract.
       (2) The report described in paragraph (1) shall be 
     submitted to the Committee on Government Reform of the House 
     of Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and other committees of 
     jurisdiction.
       (b) Submission of Individual Audits.--The head of each 
     Federal agency or department shall provide, within 14 days 
     after a request in writing by the chairman or ranking member 
     of any of the committees described in subsection (a)(2), a 
     full and unredacted copy

[[Page 6904]]

     of any audit or other report described in subsection (a)(1).

     SEC. 708. PENALTIES FOR IMPROPER SOLE-SOURCE CONTRACTING 
                   PROCEDURES.

       Section 303 of the Federal Property and Administrative 
     Services Act (41 U.S.C. 253) is amended--
       (1) by redesignating subsections (g), (h), and (i) as 
     subsections (h), (i), and (j), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Any official who knowingly and intentionally violates 
     Federal procurement law in the preparation or certification 
     of a justification for a sole-source contract, in the award 
     of a sole-source contract, or in directing or participating 
     in the award of a sole-source contract, shall be subject to 
     administrative sanctions up to and including termination of 
     employment.''.

     SEC. 709. STOPPING THE REVOLVING DOOR.

       (a) Elimination of Loopholes That Allow Former Federal 
     Officials to Accept Compensation From Contractors or Related 
     Entities.--
       (1) Paragraph (1) of section 27(d) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 423(d)(1)) is amended--
       (A) by striking ``or consultant'' and inserting 
     ``consultant, lawyer, or lobbyist'';
       (B) by striking ``one year'' and inserting ``two years''; 
     and
       (C) in subparagraph (C), by striking ``personally made for 
     the Federal agency--'' and inserting ``participated 
     personally and substantially in--''.
       (2) Paragraph (2) of section 27(d) of such Act (41 U.S.C. 
     423(d)(2)) is amended to read as follows:
       ``(2) For purposes of paragraph (1), the term `contractor' 
     includes any division, affiliate, subsidiary, parent, joint 
     venture, or other related entity of the contractor.''.
       (b) Prohibition on Award of Government Contracts to Former 
     Employers.--Section 27 of such Act (41 U.S.C. 423) is amended 
     by adding at the end the following new subsection:
       ``(i) Prohibition on Involvement by Certain Former 
     Contractor Employees in Procurements.--A former employee of a 
     contractor who becomes an employee of the Federal government 
     shall not be personally and substantially involved with any 
     Federal agency procurement involving the employee's former 
     employer, including any division, affiliate, subsidiary, 
     parent, joint venture, or other related entity of the former 
     employer, for a period of two years beginning on the date on 
     which the employee leaves the employment of the 
     contractor.''.
       (c) Requirement for Federal Procurement Officers to 
     Disclose Job Offers Made to Relatives.--Section 27(c)(1) of 
     such Act (41 U.S.C. 423(c)(1)) is amended by inserting after 
     ``that official'' the following: ``or for a relative of that 
     official (as defined in section 3110 of title 5, United 
     States Code),''.
       (d) Additional Criminal Penalties.--Paragraph (1) of 
     section 27(e) of such Act (41 U.S.C. (e)(1)) is amended to 
     read as follows:
       ``(1) Criminal penalties.--Whoever engages in conduct 
     constituting a violation of--
       ``(A) subsection (a) or (b) for the purpose of either--
       ``(i) exchanging the information covered by such subsection 
     for anything of value, or
       ``(ii) obtaining or giving anyone a competitive advantage 
     in the award of a Federal agency procurement contract; or
       ``(B) subsection (c) or (d);

     shall be imprisoned for not more than 5 years or fined as 
     provided under title 18, United States Code, or both.''.
       (e) Regulations.--Section 27 of such Act (41 U.S.C. 423) is 
     further amended by adding at the end of the following new 
     subsection:
       ``(j) Regulations.--The Director of the Office of 
     Government Ethics, in consultation with the Administrator, 
     shall--
       ``(1) promulgate regulations to carry out and ensure the 
     enforcement of this section; and
       ``(2) monitor and investigate individual and agency 
     compliance with this section.''.

                   TITLE VIII--PRESIDENTIAL LIBRARIES

     SEC. 801. PRESIDENTIAL LIBRARIES.

       (a) In General.--Section 2112 of title 44, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h)(1) Any organization that is established for the 
     purpose of raising funds for creating, maintaining, 
     expanding, or conducting activities at a Presidential 
     archival depository or any facilities relating to a 
     Presidential archival depository, shall submit to the 
     Administration, the Committee on Government Reform of the 
     House of Representatives, and the Committee on Governmental 
     Affairs of the Senate on a quarterly basis, by not later than 
     the applicable date specified in paragraph (2), information 
     with respect to every contributor who, during the designated 
     period--
       ``(A) with respect to a Presidential archival depository of 
     a President who currently holds the Office of President or 
     for which the Archivist has not accepted, taken title to, or 
     entered into an agreement to use any land or facility, gave 
     the organization a contribution or contributions (whether 
     monetary or in-kind) totaling $100 or more for the quarterly 
     period; or
       ``(B) with respect to a Presidential archival depository of 
     a President who no longer holds the Office of President and 
     for which the Archivist has accepted, taken title to, or 
     entered into an agreement to use any land or facility, gave 
     the organization a contribution or contributions (whether 
     monetary or in-kind) totaling $100 or more for the quarterly 
     period.
       ``(2) For purposes of paragraph (1), the applicable date--
       ``(A) with respect to information required under paragraph 
     (1)(A), shall be April 15, July 15, October 15, and January 
     15 of each year and of the following year as applicable to 
     the fourth quarterly filing; and
       ``(B) with respect to information required under paragraph 
     (1)(B), shall be April 15, July 15, October 15, and January 
     15 of each year and of the following year as applicable to 
     the fourth quarterly filing.
       ``(3) As used in this subsection, the term `information' 
     means the following:
       ``(A) The amount or value of each contribution made by a 
     contributor referred to in paragraph (1) in the quarter 
     covered by the submission.
       ``(B) The source of each such contribution, and the address 
     of the entity or individual that is the source of the 
     contribution.
       ``(C) If the source of such a contribution is an 
     individual, the occupation of the individual.
       ``(D) The date of each such contribution.
       ``(4) The Archivist shall make available to the public 
     through the Internet (or a successor technology readily 
     available to the public) as soon as is practicable after each 
     quarterly filing any information that is submitted in 
     accordance with paragraph (1).
       ``(5)(A) It shall be unlawful for any person who makes a 
     contribution described in paragraph (1) to knowingly and 
     willfully submit false material information or omit material 
     information with respect to the contribution to an 
     organization described in such paragraph.
       ``(B) The penalties described in section 1001 of title 18, 
     United States Code, shall apply with respect to a violation 
     of subparagraph (A) in the same manner as a violation 
     described in such section.
       ``(6)(A) It shall be unlawful for any organization 
     described in paragraph (1) to knowingly and willfully submit 
     false material information or omit material information under 
     such paragraph.
       ``(B) The penalties described in section 1001 of title 18, 
     United States Code, shall apply with respect to a violation 
     of subparagraph (A) in the same manner as a violation 
     described in such section.
       ``(7)(A) It shall be unlawful for a person to knowingly and 
     willfully--
       ``(i) make a contribution described in paragraph (1) in the 
     name of another person;
       ``(ii) permit his or her name to be used to effect a 
     contribution described in paragraph (1); or
       ``(iii) accept a contribution described in paragraph (1) 
     that is made by one person in the name of another person.
       ``(B) The penalties set forth in section 309(d) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)) 
     shall apply to a violation of subparagraph (A) in the same 
     manner as if such violation were a violation of section 
     316(b)(3) of such Act.
       ``(8) The Archivist shall promulgate regulations for the 
     purpose of carrying out this subsection.''.
       (b) Applicability.--Section 2112(h) of title 44, United 
     States Code (as added by subsection (a))--
       (1) shall apply to an organization established for the 
     purpose of raising funds for creating, maintaining, 
     expanding, or conducting activities at a Presidential 
     archival depository or any facilities relating to a 
     Presidential archival depository before, on or after the date 
     of the enactment of this Act; and
       (2) shall only apply with respect to contributions (whether 
     monetary or in-kind) made after the date of the enactment of 
     this Act.

              TITLE IX--FORFEITURE OF RETIREMENT BENEFITS

     SEC. 901. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER 
                   OF CONGRESS FOR ABUSING THE PUBLIC TRUST.

       (a) Civil Service Retirement System.--Section 8332 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``(o)(1) Notwithstanding any other provision of this 
     subchapter, the service of an individual finally convicted of 
     an offense described in paragraph (2) shall not be taken into 
     account for purposes of this subchapter, except that this 
     sentence applies only to service rendered as a Member 
     (irrespective of when rendered). Any such individual (or 
     other person determined under section 8342(c), if applicable) 
     shall be entitled to be paid so much of such individual's 
     lump-sum credit as is attributable to service to which the 
     preceding sentence applies.
       ``(2)(A) An offense described in this paragraph is any 
     offense described in subparagraph (B) for which the following 
     apply:
       ``(i) Every act or omission of the individual (referred to 
     in paragraph (1)) that is needed to satisfy the elements of 
     the offense occurs while the individual is a Member.
       ``(ii) Every act or omission of the individual that is 
     needed to satisfy the elements

[[Page 6905]]

     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 under title 18:
       ``(i) An offense under section 201 of title 18 (bribery of 
     public officials and witnesses).
       ``(ii) An offense under section 219 of title 18 (officers 
     and employees acting as agents of foreign principals).
       ``(iii) An offense under section 371 of title 18 
     (conspiracy to commit offense or to defraud United States) to 
     the extent of any conspiracy to commit an act which 
     constitutes an offense under clause (i) or (ii).
       ``(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, but only to the extent that the application of this 
     clause is considered necessary given the totality of the 
     circumstances; 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) For purposes of this subsection--
       ``(A) the term `Member' has the meaning given such term by 
     section 2106, notwithstanding section 8331(2); and
       ``(B) 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 finally convicted of an offense 
     described in paragraph (2) shall not, after the date of the 
     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, but only to the extent that the application of this 
     clause is considered necessary given the totality of the 
     circumstances; 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) For purposes of this subsection--
       ``(A) the term `Member' has the meaning given such term by 
     section 2106, notwithstanding section 8401(20); and
       ``(B) the term `child' has the meaning given such term by 
     section 8341.''.

  Ms. SLAUGHTER (during the reading). Mr. Speaker, I ask unanimous 
consent that the motion be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York is recognized for 5 minutes in support of her motion.
  Ms. SLAUGHTER. Mr. Speaker, let me make it clear at the outset that 
if our motion to recommit passes, it will simply substitute for a sham 
bill a real reform bill.
  Mr. Speaker, an interesting new poll conducted by The Wall Street 
Journal and NBC News came out last week. One of its findings is that 78 
percent of Americans disapprove of the job Congress is doing. That 
means that four out of every five people walking the streets today in 
America are not happy about what goes on here in this Capitol Building.
  There are a lot of reasons Americans are not happy with Congress, Mr. 
Speaker, and let me list a few of them.
  They are not happy that this Congress allowed their energy industry 
buddies to write a national energy policy that is earning the oil 
companies record profits and costing the rest of us more than $3 a 
gallon at the gas station.
  They are not happy that special interests have been allowed into the 
back rooms to write legislation that benefits them but not the American 
people.
  They are not happy that these days Members can get away with doing 
almost anything unless it is so bad it gets the attention of the 
Justice Department.
  The Republican leadership can read the polls, too. They figured out 
they are in trouble, so they put together this so-called reform bill to 
show Americans that at long last they are ready to clean up their act.
  But the problem is this is not a serious bill. For the past 2 weeks, 
commentators and newspapers have been calling this bill for what it is, 
and here is what they say about it: It is a ``watered down sham,'' The 
Washington Post; an ``anemic excuse for reform,'' USA Today; ``an 
Orwellian shell of righteous platitudes'' from the New York Times.
  Mr. Speaker, the motion to recommit I have at the desk is a real 
reform proposal. It is a proposal that makes a serious effort at 
cleaning up this place, and there is good evidence that it is a real 
reform proposal, and the Republicans are afraid of it. They do not want 
it debated in the House. They do not want a vote on it, and that is why 
they blocked it from being considered on the floor.
  My proposal will prohibit Members and staff in the House, Senate and 
executive branch from use of corporate jets. It shuts down the infamous 
K Street Project. It bans gifts and meals from lobbyists. It ends the 
practice of adding special interest provisions to conference reports in 
the dead of night and after the conference has finished. It takes 
pension benefits away from Members of Congress convicted of crimes; and 
it requires the public disclosure of all earmarks, not just those of 
the Appropriations Committee but authorizers and tax bills, and much, 
much more.
  My colleagues are faced with a clear and a simple choice today: 
support the discredited Republican bill before us and prove to your 
constituents that you are not serious about reform but you rather 
prefer the status quo of corruption and cronyism and that you are 
satisfied with a bill that simply gets you by the election; or support 
a reform proposal that will really begin to clean this place up.
  But I would warn my colleagues on both sides of the aisle that you 
cannot have it both ways. The integrity of this Congress is at stake 
here, and the time has come for all Members to choose their side in 
this debate. Either stand up and be part of the solution by supporting 
the proposal I have placed before the House, or remain a part of the 
problem and vote with the Republican leadership.
  We know that the Democrat proposal is a tough one, Mr. Speaker, but 
that is what we have to do to drain this swamp. They want their 
Congress back out there in America, and so do I. They are sick and 
tired of a Congress that lavishes gifts on the special interests and 
then sends them the bill. Vote ``yes'' on the motion to recommit.

[[Page 6906]]

  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The gentleman from California (Mr. Dreier) 
is recognized for 5 minutes in opposition to the motion to recommit.
  Mr. DREIER. Mr. Speaker, I would like to begin by saying that reform 
is very, very difficult work to do; and I yield to the gentleman from 
Missouri (Mr. Hulshof), my very good friend, a lead reformer.
  Mr. HULSHOF. Mr. Speaker, I appreciate the trust and confidence the 
chairman has put in me and allowed me a few moments here today, and I 
rise in opposition to the motion to recommit.
  Mr. Speaker, I would like to speak to the larger point, because my 
soul is in torment. I think that we have turned the clock back to 1996 
and 1997, when the entire ethics process was so politicized, where one 
side would file a complaint against a Member on the opposing side and 
then that side would file a complaint against a Member on the 
initiating side.
  I resent the fact when you have privileged resolutions and Special 
Order speeches that Members of this body would single out the misdeeds 
or even criminal actions of a few and seek to indict or tarnish an 
entire party. I resent that.
  I stood at that very spot a couple of years ago and was charged as an 
Ethics Committee member to prosecute one of our colleagues who had 
committed crimes of corruption, and the Chamber was full like it is, 
and this body had a very weighty decision, and that was shall we expel 
our colleague from Ohio. We did with one dissenting vote, and it never 
crossed my mind that I would take that incident in any sort of short-
term political gain and to try to label everyone in Mr. Traficant's 
party as a culture of corruption.
  I am troubled by the fact of what we read in the newspaper. It pains 
me because I know these individuals that these headlines are written 
about, and yet I believe that the short-term effort political gain is 
tarnishing the long-term goodwill of this institution.
  Is the desire for political gain so powerful that Members are willing 
to indict an entire party? Is that recognition of short-term political 
gain, do you recognize how irreparably we are harming this institution?
  The American people deserve a functioning ethics process; the 
American people deserve what our conscience demands; and, God willing, 
we will disappoint neither.
  Mr. DREIER. Mr. Chairman, let me just say that this product we have 
here today, due to the leadership of Speaker Dennis Hastert, has been a 
4-month-long process. We just heard very moving remarks from our friend 
from Missouri. It is absolutely imperative that we recognize that the 
motion to recommit is nothing but a sham that would slow the process of 
reform. It is imperative that we defeat this motion to recommit and 
pass this measure so that we can move on to the Senate to bring about 
real, meaningful reform.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of H.R. 4975, if ordered, and on suspending 
the rules and agreeing to H. Res. 781.
  The vote was taken by electronic device, and there were--yeas 213, 
nays 216, not voting 4, as follows:

                             [Roll No. 118]

                               YEAS--213

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chabot
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gerlach
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NAYS--216

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boucher
     Boustany
     Brady (TX)
     Brown (SC)
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capuano
     Carter
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

[[Page 6907]]



                             NOT VOTING--4

     Brown-Waite, Ginny
     Buyer
     Evans
     Osborne

                              {time}  1719

  Mr. DICKS and Ms. KAPTUR changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. SLAUGHTER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 217, 
noes 213, not voting 3, as follows:

                             [Roll No. 119]

                               AYES--217

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marshall
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--213

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonilla
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Burton (IN)
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hefley
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Mack
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn

                             NOT VOTING--3

     Buyer
     Evans
     Osborne

                              {time}  1731

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
783, the text of H.R. 513, as passed by the House, will be appended to 
the engrossment of H.R. 4975.
  (For the text of H.R. 513, see proceedings of the House of April 5, 
2006, at page H1516.)

                          ____________________