[Congressional Record (Bound Edition), Volume 153 (2007), Part 16]
[House]
[Pages 21891-21911]
[From the U.S. Government Publishing Office, www.gpo.gov]




           HONEST LEADERSHIP AND OPEN GOVERNMENT ACT OF 2007

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1) to provide greater transparency in the legislative 
process, as amended.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                  S. 1

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Honest 
     Leadership and Open Government Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title and table of contents.

                  TITLE I--CLOSING THE REVOLVING DOOR

Sec. 101. Amendments to restrictions on former officers, employees, and 
              elected officials of the executive and legislative 
              branches.
Sec. 102. Wrongfully influencing a private entity's employment 
              decisions or practices.
Sec. 103. Notification of post-employment restrictions.
Sec. 104. Exception to restrictions on former officers, employees, and 
              elected officials of the executive and legislative 
              branch.
Sec. 105. Effective date.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Additional disclosure.
Sec. 203. Semiannual reports on certain contributions.
Sec. 204. Disclosure of bundled contributions.
Sec. 205. Electronic filing of lobbying disclosure reports.
Sec. 206. Prohibition on provision of gifts or travel by registered 
              lobbyists to Members of Congress and to congressional 
              employees.
Sec. 207. Disclosure of lobbying activities by certain coalitions and 
              associations.
Sec. 208. Disclosure by registered lobbyists of past executive branch 
              and congressional employment.
Sec. 209. Public availability of lobbying disclosure information; 
              maintenance of information.
Sec. 210. Disclosure of enforcement for noncompliance.
Sec. 211. Increased civil and criminal penalties for failure to comply 
              with lobbying disclosure requirements.
Sec. 212. Electronic filing and public database for lobbyists for 
              foreign governments.
Sec. 213. Comptroller General audit and annual report.
Sec. 214. Sense of Congress.
Sec. 215. Effective date.

      TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES

Sec. 301. Disclosure by Members and staff of employment negotiations.
Sec. 302. Prohibition on lobbying contacts with spouse of Member who is 
              a registered lobbyist.
Sec. 303. Treatment of firms and other businesses whose members serve 
              as House committee consultants.
Sec. 304. Posting of travel and financial disclosure reports on public 
              website of Clerk of the House of Representatives.
Sec. 305. Prohibiting participation in lobbyist-sponsored events during 
              political conventions.
Sec. 306. Exercise of rulemaking Authority.

             TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY

Sec. 401. Loss of pensions accrued during service as a Member of 
              Congress for abusing the public trust.

      TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY

                     Subtitle A--Procedural Reform

Sec. 511. Amendments to rule XXVIII.
Sec. 512. Notice of objecting to proceeding.
Sec. 513. Public availability of Senate committee and subcommittee 
              meetings.
Sec. 514. Amendments and motions to recommit.
Sec. 515. Sense of the Senate on conference committee protocols.

                       Subtitle B--Earmark Reform

Sec. 521. Congressionally directed spending.

                   Subtitle C--Revolving Door Reform

Sec. 531. Post-employment restrictions.
Sec. 532. Disclosure by Members of Congress and staff of employment 
              negotiations.
Sec. 533. Elimination of floor privileges for former Members, Senate 
              officers, and Speakers of the House who are registered 
              lobbyists or seek financial gain.
Sec. 534. Influencing hiring decisions.
Sec. 535. Notification of post-employment restrictions.

                   Subtitle D--Gift and Travel Reform

Sec. 541. Ban on gifts from registered lobbyists and entities that hire 
              registered lobbyists.
Sec. 542. National party conventions.
Sec. 543. Proper valuation of tickets to entertainment and sporting 
              events.
Sec. 544. Restrictions on registered lobbyist participation in travel 
              and disclosure.
Sec. 545. Free attendance at a constituent event.
Sec. 546. Senate privately paid travel public website.

                       Subtitle E--Other Reforms

Sec. 551. Compliance with lobbying disclosure.
Sec. 552. Prohibit official contact with spouse or immediate family 
              member of Member who is a registered lobbyist.
Sec. 553. Mandatory Senate ethics training for Members and staff.
Sec. 554. Annual report by Select Committee on Ethics.
Sec. 555. Exercise of rulemaking powers.
Sec. 555. Effective date and general provisions.

              TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT

Sec. 601. Restrictions on Use of Campaign Funds for Flights on 
              Noncommercial Aircraft.

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                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Sense of the Congress that any applicable restrictions on 
              congressional officials and employees should apply to the 
              executive and judicial branches.
Sec. 702. Knowing and willful falsification or failure to report.
Sec. 703. Rule of construction.

                  TITLE I--CLOSING THE REVOLVING DOOR

     SEC. 101. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, 
                   EMPLOYEES, AND ELECTED OFFICIALS OF THE 
                   EXECUTIVE AND LEGISLATIVE BRANCHES.

       (a) Very Senior Executive Personnel.--The matter after 
     subparagraph (C) in section 207(d)(1) of title 18, United 
     States Code, is amended by striking ``within 1 year'' and 
     inserting ``within 2 years''.
       (b) Restrictions on Lobbying by Members of Congress and 
     Employees of Congress.--Subsection (e) of section 207 of 
     title 18, United States Code, is amended--
       (1) by redesignating paragraph (7) as paragraph (9);
       (2) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively;
       (3) by striking paragraph (1) and inserting the following:
       ``(1) Members of congress and elected officers of the 
     house.--
       ``(A) Senators.--Any person who is a Senator and who, 
     within 2 years after that person leaves office, knowingly 
     makes, with the intent to influence, any communication to or 
     appearance before any Member, officer, or employee of either 
     House of Congress or any employee of any other legislative 
     office of the Congress, on behalf of any other person (except 
     the United States) in connection with any matter on which 
     such former Senator seeks action by a Member, officer, or 
     employee of either House of Congress, in his or her official 
     capacity, shall be punished as provided in section 216 of 
     this title.
       ``(B) Members and officers of the house of 
     representatives.--(i) Any person who is a Member of the House 
     of Representatives or an elected officer of the House of 
     Representatives and who, within 1 year after that person 
     leaves office, knowingly makes, with the intent to influence, 
     any communication to or appearance before any of the persons 
     described in clause (ii) or (iii), on behalf of any other 
     person (except the United States) in connection with any 
     matter on which such former Member of Congress or elected 
     officer seeks action by a Member, officer, or employee of 
     either House of Congress, in his or her official capacity, 
     shall be punished as provided in section 216 of this title.
       ``(ii) The persons referred to in clause (i) with respect 
     to appearances or communications by a former Member of the 
     House of Representatives are any Member, officer, or employee 
     of either House of Congress and any employee of any other 
     legislative office of the Congress.
       ``(iii) The persons referred to in clause (i) with respect 
     to appearances or communications by a former elected officer 
     are any Member, officer, or employee of the House of 
     Representatives.
       ``(2) Officers and staff of the senate.--Any person who is 
     an elected officer of the Senate, or an employee of the 
     Senate to whom paragraph (7)(A) applies, and who, within 1 
     year after that person leaves office or employment, knowingly 
     makes, with the intent to influence, any communication to or 
     appearance before any Senator or any officer or employee of 
     the Senate, on behalf of any other person (except the United 
     States) in connection with any matter on which such former 
     elected officer or former employee seeks action by a Senator 
     or an officer or employee of the Senate, in his or her 
     official capacity, shall be punished as provided in section 
     216 of this title.'';
       (4) in paragraph (3) (as redesignated by paragraph (2) of 
     this subsection)--
       (A) in subparagraph (A), by striking ``of a Senator or an 
     employee of a Member of the House of Representatives'' and 
     inserting ``of a Member of the House of Representatives to 
     whom paragraph (7)(A) applies''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``Senator or''; and
       (ii) in clause (ii), by striking ``Senator or'';
       (5) in paragraph (4) (as redesignated by paragraph (2) of 
     this subsection)--
       (A) by striking ``committee of Congress'' and inserting 
     ``committee of the House of Representatives, or an employee 
     of a joint committee of the Congress whose pay is disbursed 
     by the Clerk of the House of Representatives, to whom 
     paragraph (7)(A) applies''; and
       (B) by inserting ``or joint committee (as the case may 
     be)'' after ``committee'' each subsequent place that term 
     appears;
       (6) in paragraph (5) (as redesignated by paragraph (2) of 
     this subsection)--
       (A) in subparagraph (A), by striking ``or an employee on 
     the leadership staff of the Senate'' and inserting ``to whom 
     paragraph (7)(A) applies''; and
       (B) in subparagraph (B), by striking ``the following:'' and 
     all that follows through the end of clause (ii) and inserting 
     ``any Member of the leadership of the House of 
     Representatives and any employee on the leadership staff of 
     the House of Representatives.'';
       (7) in paragraph (6)(A) (as redesignated by paragraph (2) 
     of this subsection), by inserting ``to whom paragraph (7)(B) 
     applies'' after ``office of the Congress'';
       (8) in paragraph (7) (as redesignated by paragraph (2) of 
     this subsection)--
       (A) in subparagraph (A), by striking ``and (4)'' and 
     inserting ``(4), and (5)''; and
       (B) in subparagraph (B)--
       (i) by striking ``(5)'' and inserting ``(6)'';
       (ii) in subparagraph (B), by striking ``(or any comparable 
     adjustment pursuant to interim authority of the President)''; 
     and
       (iii) by striking ``level 5 of the Senior Executive 
     Service'' and inserting ``level IV of the Executive 
     Schedule'';
       (9) by inserting after paragraph (7) (as redesignated by 
     paragraph (2) of this subsection) the following:
       ``(8) Exception.--This subsection shall not apply to 
     contacts with the staff of the Secretary of the Senate or the 
     Clerk of the House of Representatives regarding compliance 
     with lobbying disclosure requirements under the Lobbying 
     Disclosure Act of 1995.''; and
       (10) in paragraph (9)(G) (as redesignated by paragraph (1) 
     of this subsection)--
       (A) by striking ``the Copyright Royalty Tribunal,''; and
       (B) by striking ``or (4)'' and inserting ``(4), or (5)''.

     SEC. 102. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S 
                   EMPLOYMENT DECISIONS OR PRACTICES.

       (a) In General.--Chapter 11 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 227. Wrongfully influencing a private entity's 
       employment decisions by a Member of Congress

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

     shall be fined under this title or imprisoned for not more 
     than 15 years, or both, and may be disqualified from holding 
     any office of honor, trust, or profit under the United 
     States.''.
       (b) No Inference.--Nothing in section 227 of title 18, 
     United States Code, as added by this section, shall be 
     construed to create any inference with respect to whether the 
     activity described in section 227 of title 18, United States 
     Code, was a criminal or civil offense before the enactment of 
     this Act, including under section 201(b), 201(c), any of 
     sections 203 through 209, or section 872, of title 18, United 
     States Code.
       (c) Conforming Amendment.--The table of sections for 
     chapter 11 of title 18, United States Code, is amended by 
     adding at the end the following:

``227. Wrongfully influencing a private entity's employment decisions 
              by a Member of Congress.''.

     SEC. 103. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.

       (a) Notification of Post-Employment Restrictions.--After a 
     Member of Congress or an elected officer of either House of 
     Congress leaves office, or after the termination of 
     employment with the House of Representatives or the Senate of 
     an employee who is covered under paragraph (2), (3), (4), or 
     (5) of section 207(e) of title 18, United States Code, the 
     Clerk of the House of Representatives, after consultation 
     with the Committee on Standards of Official Conduct, or the 
     Secretary of the Senate, as the case may be, shall notify the 
     Member, officer, or employee of the beginning and ending date 
     of the prohibitions that apply to the Member, officer, or 
     employee under section 207(e) of that title.
       (b) Posting on Internet.--The Clerk of the House of 
     Representatives, with respect to notifications under 
     subsection (a) relating to Members, officers, and employees 
     of the House, and the Secretary of the Senate, with respect 
     to such notifications relating to Members, officers, and 
     employees of the Senate, shall post the information contained 
     in such notifications on the public Internet site of the 
     Office of the Clerk or the Secretary of the Senate, as the 
     case may be, in a format that, to the extent technically 
     practicable, is searchable, sortable, and downloadable.

     SEC. 104. EXCEPTION TO RESTRICTIONS ON FORMER OFFICERS, 
                   EMPLOYEES, AND ELECTED OFFICIALS OF THE 
                   EXECUTIVE AND LEGISLATIVE BRANCH.

       (a) In General.--Section 207(j)(1) of title 18, United 
     States Code, is amended--
       (1) by striking ``The restrictions'' and inserting the 
     following:
       ``(A) In general.--The restrictions'';
       (2) by moving the remaining text 2 ems to the right; and
       (3) by adding at the end the following:
       ``(B) Tribal organizations and inter-tribal consortiums.--
     The restrictions contained in this section shall not apply to 
     acts authorized by section 104(j) of the Indian

[[Page 21893]]

     Self-Determination and Education Assistance Act (25 U.S.C. 
     450i(j)).''.
       (b) Conforming Amendment.--Section 104(j) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450i(j)) is amended to read as follows:
       ``(j) Anything in sections 205 and 207 of title 18, United 
     States Code, to the contrary notwithstanding--
       ``(1) an officer or employee of the United States assigned 
     to a tribal organization (as defined in section 4(l)) or an 
     inter-tribal consortium (as defined in section 501), as 
     authorized under section 3372 of title 5, United States Code, 
     or section 2072 of the Revised Statutes (25 U.S.C. 48) may 
     act as agent or attorney for, and appear on behalf of, such 
     tribal organization or inter-tribal consortium in connection 
     with any matter related to a tribal governmental activity or 
     Federal Indian program or service pending before any 
     department, agency, court, or commission, including any 
     matter in which the United States is a party or has a direct 
     and substantial interest: Provided, That such officer or 
     employee must advise in writing the head of the department, 
     agency, court, or commission with which the officer or 
     employee is dealing or appearing on behalf of the tribal 
     organization or inter-tribal consortium of any personal and 
     substantial involvement with the matter involved; and
       ``(2) a former officer or employee of the United States who 
     is carrying out official duties as an employee or as an 
     elected or appointed official of a tribal organization (as 
     defined in section 4(l)) or inter-tribal consortium (as 
     defined in section 501) may act as agent or attorney for, and 
     appear on behalf of, such tribal organization or intra-tribal 
     consortium in connection with any matter related to a tribal 
     governmental activity or Federal Indian program or service 
     pending before any department, agency, court, or commission, 
     including any matter in which the United States is a party or 
     has a direct and substantial interest: Provided, That such 
     former officer or employee must advise in writing the head of 
     the department, agency, court, or commission with which the 
     former officer or employee is dealing or appearing on behalf 
     of the tribal organization or inter-tribal consortium of any 
     personal and substantial involvement the he or she may have 
     had as an officer or employee of the United States in 
     connection with the matter involved.''.
       (c) Effect of Section.--Except as expressly identified in 
     this section and in the amendments made by this section, 
     nothing in this section or the amendments made by this 
     section affects any other provision of law.

     SEC. 105. EFFECTIVE DATE.

       (a) Section 101.--The amendments made by section 101 shall 
     apply to individuals who leave Federal office or employment 
     to which such amendments apply on or after the date of 
     adjournment of the first session of the 110th Congress sine 
     die or December 31, 2007, whichever date is earlier.
       (b) Section 102.--The amendments made by section 102 shall 
     take effect on the date of the enactment of this Act.
       (c) Section 103.--
       (1) Notification of post-employment restrictions.--
     Subsection (a) of section 103 shall take effect on the 60th 
     day after the date of the enactment of this Act.
       (2) Posting of information.--Subsection (b) of section 103 
     shall take effect January 1, 2008, except that the Secretary 
     of the Senate and the Clerk of the House of Representatives 
     shall post the information contained in notifications 
     required by that subsection that are made on or after the 
     effective date provided under paragraph (1) of this 
     subsection.
       (d) Section 104.--The amendments made by section 104 shall 
     take effect on the date of the enactment of this Act, except 
     that section 104(j)(2) of the Indian Self-Determination and 
     Education Assistance Act (as amended by section 104(b)) shall 
     apply to individuals who leave Federal office or employment 
     to which such amendments apply on or after the 60th day after 
     the date of the enactment of this Act.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

     SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

       (a) Quarterly Filing Required.--Section 5 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
       (1) in subsection (a)--
       (A) by striking ``Semiannual'' and inserting ``Quarterly'';
       (B) by striking ``45 days'' and all that follows through 
     ``section 4,'' and inserting ``20 days after the end of the 
     quarterly period beginning on the first day of January, 
     April, July, and October of each year in which a registrant 
     is registered under section 4, or on the first business day 
     after such 20th day if the 20th day is not a business day,''; 
     and
       (C) by striking ``such semiannual period'' and inserting 
     ``such quarterly period''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``semiannual report'' and inserting ``quarterly report'';
       (B) in paragraph (2), by striking ``semiannual filing 
     period'' and inserting ``quarterly period'';
       (C) in paragraph (3), by striking ``semiannual period'' and 
     inserting ``quarterly period''; and
       (D) in paragraph (4), by striking ``semiannual filing 
     period'' and inserting ``quarterly period''.
       (b) Conforming Amendments.--
       (1) Definition.--Section 3(10) of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1602) is amended by striking ``six 
     month period'' and inserting ``3-month period''.
       (2) Registration.--Section 4 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1603) is amended--
       (A) in subsection (a)(1), by inserting after ``earlier,'' 
     the following: ``or on the first business day after such 45th 
     day if the 45th day is not a business day,''; and
       (B) in subsection (a)(3)(A), by striking ``semiannual 
     period'' and inserting ``quarterly period''.
       (3) Enforcement.--Section 6 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by 
     striking ``semiannual period'' and inserting ``quarterly 
     period''.
       (4) Estimates.--Section 15 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1610) is amended--
       (A) in subsection (a)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''; and
       (B) in subsection (b)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''.
       (5) Dollar amounts.--Section 4 of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1603) is further amended--
       (A) in subsection (a)(3)(A)(i), by striking ``$5,000'' and 
     inserting ``$2,500'';
       (B) in subsection (a)(3)(A)(ii), by striking ``$20,000'' 
     and inserting ``$10,000'';
       (C) in subsection (b)(3)(A), by striking ``$10,000'' and 
     inserting ``$5,000''; and
       (D) in subsection (b)(4), by striking ``$10,000'' and 
     inserting ``$5,000''.
       (6) Reports.--Section 5(c) of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1604(c)) is further amended--
       (A) in paragraph (1), by striking ``$10,000'' and 
     ``$20,000'' and inserting ``$5,000'' and ``$10,000'', 
     respectively; and
       (B) in paragraph (2), by striking ``$10,000'' both places 
     such term appears and inserting ``$5,000''.

     SEC. 202. ADDITIONAL DISCLOSURE.

       Section 5(b) of The Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1604(b)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end of the following:
       ``(5) for each client, immediately after listing the 
     client, an identification of whether the client is a State or 
     local government or a department, agency, special purpose 
     district, or other instrumentality controlled by one or more 
     State or local governments.''.

     SEC. 203. SEMIANNUAL REPORTS ON CERTAIN CONTRIBUTIONS.

       (a) Other Contributions.--Section 5 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1604) is further amended by 
     adding at the end the following:
       ``(d) Semiannual Reports on Certain Contributions.--
       ``(1) In general.--Not later than 30 days after the end of 
     the semiannual period beginning on the first day of January 
     and July of each year, or on the first business day after 
     such 30th day if the 30th day is not a business day, each 
     person or organization who is registered or is required to 
     register under paragraph (1) or (2) of section 4(a), and each 
     employee who is or is required to be listed as a lobbyist 
     under section 4(b)(6) or subsection (b)(2)(C) of this 
     section, shall file a report with the Secretary of the Senate 
     and the Clerk of the House of Representatives containing--
       ``(A) the name of the person or organization;
       ``(B) in the case of an employee, his or her employer;
       ``(C) the names of all political committees established or 
     controlled by the person or organization;
       ``(D) the name of each Federal candidate or officeholder, 
     leadership PAC, or political party committee, to whom 
     aggregate contributions equal to or exceeding $200 were made 
     by the person or organization, or a political committee 
     established or controlled by the person or organization 
     within the semiannual period, and the date and amount of each 
     such contribution made within the semiannual period;
       ``(E) the date, recipient, and amount of funds contributed 
     or disbursed during the semiannual period by the person or 
     organization or a political committee established or 
     controlled by the person or organization--
       ``(i) to pay the cost of an event to honor or recognize a 
     covered legislative branch official or covered executive 
     branch official,
       ``(ii) to an entity that is named for a covered legislative 
     branch official, or to a person or entity in recognition of 
     such official,
       ``(iii) to an entity established, financed, maintained, or 
     controlled by a covered legislative branch official or 
     covered executive branch official, or an entity designated by 
     such official, or
       ``(iv) to pay the costs of a meeting, retreat, conference, 
     or other similar event held by, or in the name of, 1 or more 
     covered legislative branch officials or covered executive 
     branch officials,


[[Page 21894]]


     except that this subparagraph shall not apply if the funds 
     are provided to a person who is required to report the 
     receipt of the funds under section 304 of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434);
       ``(F) the name of each Presidential library foundation, and 
     each Presidential inaugural committee, to whom contributions 
     equal to or exceeding $200 were made by the person or 
     organization, or a political committee established or 
     controlled by the person or organization, within the 
     semiannual period, and the date and amount of each such 
     contribution within the semiannual period; and
       ``(G) a certification by the person or organization filing 
     the report that the person or organization--
       ``(i) has read and is familiar with those provisions of the 
     Standing Rules of the Senate and the Rules of the House of 
     Representatives relating to the provision of gifts and 
     travel; and
       ``(ii) has not provided, requested, or directed a gift, 
     including travel, to a Member of Congress or an officer or 
     employee of either House of Congress with knowledge that 
     receipt of the gift would violate rule XXXV of the Standing 
     Rules of the Senate or rule XXV of the Rules of the House of 
     Representatives.
       ``(2) Definition.--In this subsection, the term `leadership 
     PAC' has the meaning given such term in section 304(i)(8)(B) 
     of the Federal Election Campaign Act of 1971.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the first semiannual period 
     described in section 5(d)(1) of the Lobbying Disclosure Act 
     of 1995 (as added by this section) that begins after the date 
     of the enactment of this Act and each succeeding semiannual 
     period.
       (c) Report on Requiring Quarterly Reports.--The Clerk of 
     the House of Representatives and the Secretary of the Senate 
     shall submit a report to the Congress, not later than 1 year 
     after the date on which the first reports are required to be 
     made under section 5(d) of the Lobbying Disclosure Act of 
     1995 (as added by this section), on the feasibility of 
     requiring the reports under such section 5(d) to be made on a 
     quarterly, rather than a semiannual, basis.
       (d) Sense of Congress.--It is the sense of the Congress 
     that after the end of the 2-year period beginning on the day 
     on which the amendment made by subsection (a) of this section 
     first applies, the reports required under section 5(d) of the 
     Lobbying Disclosure Act of 1995 (as added by this section) 
     should be made on a quarterly basis if it is practicably 
     feasible to do so.

     SEC. 204. DISCLOSURE OF BUNDLED CONTRIBUTIONS.

       (a) Disclosure.--Section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at 
     the end the following new subsection:
       ``(i) Disclosure of Bundled Contributions.--
       ``(1) Required disclosure.--Each committee described in 
     paragraph (6) shall include in the first report required to 
     be filed under this section after each covered period (as 
     defined in paragraph (2)) a separate schedule setting forth 
     the name, address, and employer of each person reasonably 
     known by the committee to be a person described in paragraph 
     (7) who provided 2 or more bundled contributions to the 
     committee in an aggregate amount greater than the applicable 
     threshold (as defined in paragraph (3)) during the covered 
     period, and the aggregate amount of the bundled contributions 
     provided by each such person during the covered period.
       ``(2) Covered period.--In this subsection, a `covered 
     period' means, with respect to a committee--
       ``(A) the period beginning January 1 and ending June 30 of 
     each year;
       ``(B) the period beginning July 1 and ending December 31 of 
     each year; and
       ``(C) any reporting period applicable to the committee 
     under this section during which any person described in 
     paragraph (7) provided 2 or more bundled contributions to the 
     committee in an aggregate amount greater than the applicable 
     threshold.
       ``(3) Applicable threshold.--
       ``(A) In general.--In this subsection, the `applicable 
     threshold' is $15,000, except that in determining whether the 
     amount of bundled contributions provided to a committee by a 
     person described in paragraph (7) exceeds the applicable 
     threshold, there shall be excluded any contribution made to 
     the committee by the person or the person's spouse.
       ``(B) Indexing.--In any calendar year after 2007, section 
     315(c)(1)(B) shall apply to the amount applicable under 
     subparagraph (A) in the same manner as such section applies 
     to the limitations established under subsections (a)(1)(A), 
     (a)(1)(B), (a)(3), and (h) of such section, except that for 
     purposes of applying such section to the amount applicable 
     under subparagraph (A), the `base period' shall be 2006.
       ``(4) Public availability.--The Commission shall ensure 
     that, to the greatest extent practicable--
       ``(A) information required to be disclosed under this 
     subsection is publicly available through the Commission 
     website in a manner that is searchable, sortable, and 
     downloadable; and
       ``(B) the Commission's public database containing 
     information disclosed under this subsection is linked 
     electronically to the websites maintained by the Secretary of 
     the Senate and the Clerk of the House of Representatives 
     containing information filed pursuant to the Lobbying 
     Disclosure Act of 1995.
       ``(5) Regulations.--Not later than 6 months after the date 
     of enactment of the Honest Leadership and Open Government Act 
     of 2007, the Commission shall promulgate regulations to 
     implement this subsection. Under such regulations, the 
     Commission--
       ``(A) may, notwithstanding paragraphs (1) and (2), provide 
     for quarterly filing of the schedule described in paragraph 
     (1) by a committee which files reports under this section 
     more frequently than on a quarterly basis;
       ``(B) shall provide guidance to committees with respect to 
     whether a person is reasonably known by a committee to be a 
     person described in paragraph (7), which shall include a 
     requirement that committees consult the websites maintained 
     by the Secretary of the Senate and the Clerk of the House of 
     Representatives containing information filed pursuant to the 
     Lobbying Disclosure Act of 1995;
       ``(C) may not exempt the activity of a person described in 
     paragraph (7) from disclosure under this subsection on the 
     grounds that the person is authorized to engage in 
     fundraising for the committee or any other similar grounds; 
     and
       ``(D) shall provide for the broadest possible disclosure of 
     activities described in this subsection by persons described 
     in paragraph (7) that is consistent with this subsection.
       ``(6) Committees described.--A committee described in this 
     paragraph is an authorized committee of a candidate, a 
     leadership PAC, or a political party committee.
       ``(7) Persons described.--A person described in this 
     paragraph is any person, who, at the time a contribution is 
     forwarded to a committee as described in paragraph (8)(A)(i) 
     or is received by a committee as described in paragraph 
     (8)(A)(ii), is--
       ``(A) a current registrant under section 4(a) of the 
     Lobbying Disclosure Act of 1995;
       ``(B) an individual who is listed on a current registration 
     filed under section 4(b)(6) of such Act or a current report 
     under section 5(b)(2)(C) of such Act; or
       ``(C) a political committee established or controlled by 
     such a registrant or individual.
       ``(8) Definitions.--For purposes of this subsection, the 
     following definitions apply:
       ``(A) Bundled contribution.--The term `bundled 
     contribution' means, with respect to a committee described in 
     paragraph (6) and a person described in paragraph (7), a 
     contribution (subject to the applicable threshold) which is--
       ``(i) forwarded from the contributor or contributors to the 
     committee by the person; or
       ``(ii) received by the committee from a contributor or 
     contributors, but credited by the committee or candidate 
     involved (or, in the case of a leadership PAC, by the 
     individual referred to in subparagraph (B) involved) to the 
     person through records, designations, or other means of 
     recognizing that a certain amount of money has been raised by 
     the person.
       ``(B) Leadership pac.--The term `leadership PAC' means, 
     with respect to a candidate for election to Federal office or 
     an individual holding Federal office, a political committee 
     that is directly or indirectly established, financed, 
     maintained or controlled by the candidate or the individual 
     but which is not an authorized committee of the candidate or 
     individual and which is not affiliated with an authorized 
     committee of the candidate or individual, except that such 
     term does not include a political committee of a political 
     party.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to reports filed under section 304 
     of the Federal Election Campaign Act after the expiration of 
     the 3-month period which begins on the date that the 
     regulations required to be promulgated by the Federal 
     Election Commission under section 304(i)(5) of such Act (as 
     added by subsection (a)) become final.

     SEC. 205. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

       Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1604) is further amended by adding at the end the following:
       ``(e) Electronic Filing Required.--A report required to be 
     filed under this section shall be filed in electronic form, 
     in addition to any other form that the Secretary of the 
     Senate or the Clerk of the House of Representatives may 
     require or allow. The Secretary of the Senate and the Clerk 
     of the House of Representatives shall use the same electronic 
     software for receipt and recording of filings under this 
     Act.''.

     SEC. 206. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY 
                   REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND 
                   TO CONGRESSIONAL EMPLOYEES.

       (a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1601 et seq.) is amended by adding at the end the 
     following:

[[Page 21895]]



     ``SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY 
                   REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND 
                   TO CONGRESSIONAL EMPLOYEES.

       ``(a) Prohibition.--Any person described in subsection (b) 
     may not make a gift or provide travel to a covered 
     legislative branch official if the person has knowledge that 
     the gift or travel may not be accepted by that covered 
     legislative branch official under the Rules of the House of 
     Representatives or the Standing Rules of the Senate (as the 
     case may be).
       ``(b) Persons Subject to Prohibition.--The persons subject 
     to the prohibition under subsection (a) are any lobbyist that 
     is registered or is required to register under section 
     4(a)(1), any organization that employs 1 or more lobbyists 
     and is registered or is required to register under section 
     4(a)(2), and any employee listed or required to be listed as 
     a lobbyist by a registrant under section 4(b)(6) or 
     5(b)(2)(C).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 207. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN 
                   COALITIONS AND ASSOCIATIONS.

       (a) In General.--
       (1) Disclosure.--Section 4(b)(3) of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1603(b)(3)) is amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) contributes more than $5,000 to the registrant or the 
     client in the quarterly period to fund the lobbying 
     activities of the registrant; and''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) actively participates in the planning, supervision, 
     or control of such lobbying activities;''.
       (2) Updating of information.--Section 5(b)(1) of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)(1)) is 
     amended by inserting ``, including information under section 
     4(b)(3)'' after ``initial registration''.
       (b) No Donor or Membership List Disclosure.--Section 4(b) 
     of The Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is 
     amended by adding at the end the following:

     ``No disclosure is required under paragraph (3)(B) if the 
     organization that would be identified as affiliated with the 
     client is listed on the client's publicly accessible Internet 
     website as being a member of or contributor to the client, 
     unless the organization in whole or in major part plans, 
     supervises, or controls such lobbying activities.   If a 
     registrant relies upon the preceding sentence, the registrant 
     must disclose the specific Internet address of the web page 
     containing the information relied upon. Nothing in paragraph 
     (3)(B) shall be construed to require the disclosure of any 
     information about individuals who are members of, or donors 
     to, an entity treated as a client by this Act or an 
     organization identified under that paragraph.''.

     SEC. 208. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST 
                   EXECUTIVE BRANCH AND CONGRESSIONAL EMPLOYMENT.

       Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603(b)(6)) is amended by striking ``in the 2 years'' 
     and all that follows through ``Act)'' and inserting ``in the 
     20 years before the date on which the employee first acted''.

     SEC. 209. PUBLIC AVAILABILITY OF LOBBYING DISCLOSURE 
                   INFORMATION; MAINTENANCE OF INFORMATION.

       (a) Public Availability.--Section 6 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1605) is further amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(9) maintain all registrations and reports filed under 
     this Act, and make them available to the public over the 
     Internet, without a fee or other access charge, in a 
     searchable, sortable, and downloadable manner, to the extent 
     technically practicable, that--
       ``(A) includes the information contained in the 
     registrations and reports;
       ``(B) is searchable and sortable to the maximum extent 
     practicable, including searchable and sortable by each of the 
     categories of information described in section 4(b) or 5(b); 
     and
       ``(C) provides electronic links or other appropriate 
     mechanisms to allow users to obtain relevant information in 
     the database of the Federal Election Commission; and
       ``(10) retain the information contained in a registration 
     or report filed under this Act for a period of 6 years after 
     the registration or report (as the case may be) is filed.''.
       (b) Availability of Reports.--Section 6(4) of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1605) is amended by 
     inserting before the semicolon at the end the following: 
     ``and, in the case of a report filed in electronic form under 
     section 5(e), make such report available for public 
     inspection over the Internet as soon as technically 
     practicable after the report is so filed''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     paragraph (9) of section 6 of the Lobbying Disclosure Act of 
     1995 (2 U.S.C. 1605), as added by subsection (a) of this 
     section.

     SEC. 210. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.

       Section 6 of The Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1605) is further amended--
       (1) by striking ``The Secretary'' and inserting ``(a) In 
     General.--The Secretary''; ;
       (2) in paragraph (9), by striking ``and'' at the end;
       (3) in paragraph (10), by striking the period and inserting 
     ``; and'';
       (4) by adding after paragraph (10) the following:
       ``(11) make publicly available, on a semiannual basis, the 
     aggregate number of registrants referred to the United States 
     Attorney for the District of Columbia for noncompliance as 
     required by paragraph (8).''; and
       (5) by adding at the end the following:
       ``(b) Enforcement Report.--
       ``(1) Report.--The Attorney General shall report to the 
     congressional committees referred to in paragraph (2), after 
     the end of each semiannual period beginning on January 1 and 
     July 1, the aggregate number of enforcement actions taken by 
     the Department of Justice under this Act during that 
     semiannual period and, by case, any sentences imposed, except 
     that such report shall not include the names of individuals, 
     or personally identifiable information, that is not already a 
     matter of public record.
       ``(2) Committees.--The congressional committees referred to 
     in paragraph (1) are the Committee on Homeland Security and 
     Governmental Affairs and the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives.''.

     SEC. 211. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE 
                   TO COMPLY WITH LOBBYING DISCLOSURE 
                   REQUIREMENTS.

       (a) In General.--Section 7 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1606) is amended--
       (1) by striking ``Whoever'' and inserting ``(a) Civil 
     Penalty.--Whoever'';
       (2) by striking ``$50,000'' and inserting ``$200,000''; and
       (3) by adding at the end the following:
       ``(b) Criminal Penalty.--Whoever knowingly and corruptly 
     fails to comply with any provision of this Act shall be 
     imprisoned for not more than 5 years or fined under title 18, 
     United States Code, or both.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any violation committed on or after the date 
     of the enactment of this Act.

     SEC. 212. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS 
                   FOR FOREIGN GOVERNMENTS.

       (a) Electronic Filing.--Section 2 of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 612), is 
     amended by adding at the end the following new subsection:
       ``(g) Electronic Filing of Registration Statements and 
     Supplements.--A registration statement or supplement required 
     to be filed under this section shall be filed in electronic 
     form, in addition to any other form that may be required by 
     the Attorney General.''.
       (b) Public Database.--Section 6 of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 616), is 
     amended by adding at the end the following new subsection:
       ``(d) Public Database of Registration Statements and 
     Updates.--
       ``(1) In general.--The Attorney General shall maintain, and 
     make available to the public over the Internet, without a fee 
     or other access charge, in a searchable, sortable, and 
     downloadable manner, to the extent technically practicable, 
     an electronic database that--
       ``(A) includes the information contained in registration 
     statements and updates filed under this Act; and
       ``(B) is searchable and sortable, at a minimum, by each of 
     the categories of information described in section 2(a).
       ``(2) Accountability.--The Attorney General shall make each 
     registration statement and update filed in electronic form 
     pursuant to section 2(g) available for public inspection over 
     the Internet as soon as technically practicable after the 
     registration statement or update is filed.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the 90th day after the date of the 
     enactment of this Act.

     SEC. 213. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.

       (a) Annual Audits and Reports.--The Lobbying Disclosure Act 
     of 1995 ( 2 U.S.C. 1601 et seq.) is further amended by adding 
     at the end the following:

     ``SEC. 26. ANNUAL AUDITS AND REPORTS BY COMPTROLLER GENERAL.

       ``(a) Audit.--On an annual basis, the Comptroller General 
     shall audit the extent of compliance or noncompliance with 
     the requirements of this Act by lobbyists, lobbying firms, 
     and registrants through a random sampling of publicly 
     available lobbying registrations and reports filed under this 
     Act during each calendar year.
       ``(b) Reports to Congress.--

[[Page 21896]]

       ``(1) Annual reports.--Not later than April 1 of each year, 
     the Comptroller General shall submit to the Congress a report 
     on the review required by subsection (a) for the preceding 
     calendar year. The report shall include the Comptroller 
     General's assessment of the matters required to be emphasized 
     by that subsection and any recommendations of the Comptroller 
     General to--
       ``(A) improve the compliance by lobbyists, lobbying firms, 
     and registrants with the requirements of this Act; and
       ``(B) provide the Department of Justice with the resources 
     and authorities needed for the effective enforcement of this 
     Act.
       ``(2) Assessment of compliance.--The annual report under 
     paragraph (1) shall include an assessment of compliance by 
     registrants with the requirements of section 4(b)(3).
       ``(c) Access to Information.--The Comptroller General may, 
     in carrying out this section, request information from and 
     access to any relevant documents from any person registered 
     under paragraph (1) or (2) of section 4(a) and each employee 
     who is listed as a lobbyist under section 4(b)(6) or section 
     5(b)(2)(C) if the material requested relates to the purposes 
     of this section. The Comptroller General may request such 
     person to submit in writing such information as the 
     Comptroller General may prescribe. The Comptroller General 
     may notify the Congress in writing if a person from whom 
     information has been requested under this subsection refuses 
     to comply with the request within 45 days after the request 
     is made.''.
       (b) Initial Audit and Report.--The initial audit under 
     subsection (a) of section 26 of the Lobbying Disclosure Act 
     of 1995 (as added by subsection (a) of this section) shall be 
     made with respect to lobbying registrations and reports filed 
     during the first calendar quarter of 2008, and the initial 
     report under subsection (b) of such section shall be filed, 
     with respect to those registrations and reports, not later 
     than 6 months after the end of that calendar quarter.

     SEC. 214. SENSE OF CONGRESS.

       It is the sense of the Congress that--
       (1) the use of a family relationship by a lobbyist who is 
     an immediate family member of a Member of Congress to gain 
     special advantages over other lobbyists is inappropriate; and
       (2) the lobbying community should develop proposals for 
     multiple self-regulatory organizations which could--
       (A) provide for the creation of standards for the 
     organizations appropriate to the type of lobbying and 
     individuals to be served;
       (B) provide training for the lobbying community on law, 
     ethics, reporting requirements, and disclosure requirements;
       (C) provide for the development of educational materials 
     for the public on how to responsibly hire a lobbyist or lobby 
     firm;
       (D) provide standards regarding reasonable fees charged to 
     clients;
       (E) provide for the creation of a third-party certification 
     program that includes ethics training; and
       (F) provide for disclosure of requirements to clients 
     regarding fee schedules and conflict of interest rules.

     SEC. 215. EFFECTIVE DATE.

       Except as otherwise provided in sections 203, 204, 206, 
     211, 212, and 213, the amendments made by this title shall 
     apply with respect to registrations under the Lobbying 
     Disclosure Act of 1995 having an effective date of January 1, 
     2008, or later and with respect to quarterly reports under 
     that Act covering calendar quarters beginning on or after 
     January 1, 2008.

      TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES

     SEC. 301. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT 
                   NEGOTIATIONS.

       (a) In General.--The Rules of the House of Representatives 
     are amended by redesignating rules XXVII and XXVIII as rules 
     XXVIII and XXIX, respectively, and by inserting after rule 
     XXVI the following new rule:

                              ``RULE XXVII

      ``Disclosure by Members and Staff of Employment Negotiations

       ``1. A Member, Delegate, or Resident Commissioner shall not 
     directly negotiate or have any agreement of future employment 
     or compensation until after his or her successor has been 
     elected, unless such Member, Delegate, or Resident 
     Commissioner, within 3 business days after the commencement 
     of such negotiation or agreement of future employment or 
     compensation, files with the Committee on Standards of 
     Official Conduct a statement, which must be signed by the 
     Member, Delegate, or Resident Commissioner, regarding such 
     negotiations or agreement, including the name of the private 
     entity or entities involved in such negotiations or 
     agreement, and the date such negotiations or agreement 
     commenced.
       ``2. An officer or an employee of the House earning in 
     excess of 75 percent of the salary paid to a Member shall 
     notify the Committee on Standards of Official Conduct that he 
     or she is negotiating or has any agreement of future 
     employment or compensation.
       ``3. The disclosure and notification under this rule shall 
     be made within 3 business days after the commencement of such 
     negotiation or agreement of future employment or 
     compensation.
       ``4. A Member, Delegate, or Resident Commissioner, and an 
     officer or employee to whom this rule applies, shall recuse 
     himself or herself from any matter in which there is a 
     conflict of interest or an appearance of a conflict for that 
     Member, Delegate, Resident Commissioner, officer, or employee 
     under this rule and shall notify the Committee on Standards 
     of Official Conduct of such recusal. A Member, Delegate, or 
     Resident Commissioner making such recusal shall, upon such 
     recusal, submit to the Clerk for public disclosure the 
     statement of disclosure under clause 1 with respect to which 
     the recusal was made.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to negotiations commenced, and agreements 
     entered into, on or after that date.

     SEC. 302. PROHIBITION ON LOBBYING CONTACTS WITH SPOUSE OF 
                   MEMBER WHO IS A REGISTERED LOBBYIST.

       Rule XXV of the Rules of the House of Representatives is 
     amended by adding at the end the following new clause:
       ``7. A Member, Delegate, or Resident Commissioner shall 
     prohibit all staff employed by that Member, Delegate, or 
     Resident Commissioner (including staff in personal, 
     committee, and leadership offices) from making any lobbying 
     contact (as defined in section 3 of the Lobbying Disclosure 
     Act of 1995) with that individual's spouse if that spouse is 
     a lobbyist under the Lobbying Disclosure Act of 1995 or is 
     employed or retained by such a lobbyist for the purpose of 
     influencing legislation.''.

     SEC. 303. TREATMENT OF FIRMS AND OTHER BUSINESSES WHOSE 
                   MEMBERS SERVE AS HOUSE COMMITTEE CONSULTANTS.

       Clause 18(b) of rule XXIII of the Rules of the House of 
     Representatives is amended by adding at the end the 
     following: ``In the case of such an individual who is a 
     member or employee of a firm, partnership, or other business 
     organization, the other members and employees of the firm, 
     partnership, or other business organization shall be subject 
     to the same restrictions on lobbying that apply to the 
     individual under this paragraph.''.

     SEC. 304. POSTING OF TRAVEL AND FINANCIAL DISCLOSURE REPORTS 
                   ON PUBLIC WEBSITE OF CLERK OF THE HOUSE OF 
                   REPRESENTATIVES.

       (a) Requiring Posting on Internet.--The Clerk of the House 
     of Representatives shall post on the public Internet site of 
     the Office of the Clerk, in a format that is searchable, 
     sortable, and downloadable, to the extent technically 
     practicable, each of the following:
       (1) The advance authorizations, certifications, and 
     disclosures filed with respect to transportation, lodging, 
     and related expenses for travel under clause 5(b) of rule XXV 
     of the Rules of the House of Representatives by Members 
     (including Delegates and Resident Commissioners to the 
     Congress), officers, and employees of the House.
       (2) The reports filed under section 103(h)(1) of the Ethics 
     in Government Act of 1978 by Members of the House of 
     Representatives (including Delegates and Resident 
     Commissioners to the Congress).
       (b) Applicability and Timing.--
       (1) Applicability.--Subject to paragraph (2), subsection 
     (a) shall apply with respect to information received by the 
     Clerk of the House of Representatives on or after the date of 
     the enactment of this Act.
       (2) Timing.--The Clerk of the House of Representatives 
     shall--
       (A) not later than August 1, 2008, post the information 
     required by subsection (a) that the Clerk receives by June 1, 
     2008; and
       (B) not later than the end of each 45-day period occurring 
     after information is required to be posted under subparagraph 
     (A), post the information required by subsection (a) that the 
     Clerk has received since the last posting under this 
     subsection.
       (3) Omission of personally identifiable information.--
     Members of the House of Representatives (including Delegates 
     and Resident Commissioners to the Congress) shall be 
     permitted to omit personally identifiable information not 
     required to be disclosed on the reports posted on the public 
     Internet site under this section (such as home address, 
     Social Security numbers, personal bank account numbers, home 
     telephone, and names of children) prior to the posting of 
     such reports on such public Internet site.
       (4) Assistance in protecting personal information.--The 
     Clerk of the House of Representatives, in consultation with 
     the Committee on Standards of Official Conduct, shall include 
     in any informational materials concerning any disclosure that 
     will be posted on the public Internet site under this section 
     an explanation of the procedures for protecting personally 
     identifiable information as described in this section.
       (c) Retention.--The Clerk shall maintain the information 
     posted on the public Internet site of the Office of the Clerk 
     under this section for a period of 6 years after receiving 
     the information.

     SEC. 305. PROHIBITING PARTICIPATION IN LOBBYIST-SPONSORED 
                   EVENTS DURING POLITICAL CONVENTIONS.

       Rule XXV of the Rules of the House of Representatives, as 
     amended by section 302, is amended by adding at the end the 
     following new clause:
       ``8. During the dates on which the national political party 
     to which a Member (including

[[Page 21897]]

     a Delegate or Resident Commissioner) belongs holds its 
     convention to nominate a candidate for the office of 
     President or Vice President, the Member may not participate 
     in an event honoring that Member, other than in his or her 
     capacity as a candidate for such office, if such event is 
     directly paid for by a registered lobbyist under the Lobbying 
     Disclosure Act of 1995 or a private entity that retains or 
     employs such a registered lobbyist.''.

     SEC. 306. EXERCISE OF RULEMAKING AUTHORITY.

       The provisions of this title are adopted by the House of 
     Representatives--
       (1) as an exercise of the rulemaking power of the House; 
     and
       (2) with full recognition of the constitutional right of 
     the House to change those rules at any time, in the same 
     manner, and to the same extent as in the case of any other 
     rule of the House.

             TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY

     SEC. 401. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER 
                   OF CONGRESS FOR ABUSING THE PUBLIC TRUST.

       (a) Civil Service Retirement System.--Section 8332 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``(o)(1) Notwithstanding any other provision of this 
     subchapter, the service of an individual finally convicted of 
     an offense described in paragraph (2) shall not be taken into 
     account for purposes of this subchapter, except that this 
     sentence applies only to service rendered as a Member 
     (irrespective of when rendered). Any such individual (or 
     other person determined under section 8342(c), if applicable) 
     shall be entitled to be paid so much of such individual's 
     lump-sum credit as is attributable to service to which the 
     preceding sentence applies.
       ``(2)(A) An offense described in this paragraph is any 
     offense described in subparagraph (B) for which the following 
     apply:
       ``(i) Every act or omission of the individual (referred to 
     in paragraph (1)) that is needed to satisfy the elements of 
     the offense occurs while the individual is a Member.
       ``(ii) Every act or omission of the individual that is 
     needed to satisfy the elements of the offense directly 
     relates to the performance of the individual's official 
     duties as a Member.
       ``(iii) The offense is committed after the date of 
     enactment of this subsection.
       ``(B) An offense described in this subparagraph is only the 
     following, and only to the extent that the offense is a 
     felony:
       ``(i) An offense under section 201 of title 18 (relating to 
     bribery of public officials and witnesses).
       ``(ii) An offense under section 219 of title 18 (relating 
     to officers and employees acting as agents of foreign 
     principals).
       ``(iii) An offense under section 1343 of title 18 (relating 
     to fraud by wire, radio, or television, including as part of 
     a scheme to deprive citizens of honest services thereby).
       ``(iv) An offense under section 104(a) of the Foreign 
     Corrupt Practices Act of 1977 (relating to prohibited foreign 
     trade practices by domestic concerns).
       ``(v) An offense under section 1957 of title 18 (relating 
     to engaging in monetary transactions in property derived from 
     specified unlawful activity).
       ``(vi) An offense under section 1512 of title 18 (relating 
     to tampering with a witness, victim, or an informant).
       ``(vii) An offense under chapter 96 of title 18 (relating 
     to racketeer influenced and corrupt organizations).
       ``(viii) An offense under section 371 of title 18 (relating 
     to conspiracy to commit offense or to defraud United States), 
     to the extent of any conspiracy to commit an act which 
     constitutes--
       ``(I) an offense under clause (i), (ii), (iii), (iv), (v), 
     (vi), or (vii); or
       ``(II) an offense under section 207 of title 18 (relating 
     to restrictions on former officers, employees, and elected 
     officials of the executive and legislative branches).
       ``(ix) Perjury committed under section 1621 of title 18 in 
     falsely denying the commission of an act which constitutes--
       ``(I) an offense under clause (i), (ii), (iii), (iv), (v), 
     (vi), or (vii); or
       ``(II) an offense under clause (viii), to the extent 
     provided in such clause.
       ``(x) Subornation of perjury committed under section 1622 
     of title 18 in connection with the false denial or false 
     testimony of another individual as specified in clause (ix).
       ``(3) An individual convicted of an offense described in 
     paragraph (2) shall not, after the date of the final 
     conviction, be eligible to participate in the retirement 
     system under this subchapter or chapter 84 while serving as a 
     Member.
       ``(4) The Office of Personnel Management shall prescribe 
     any regulations necessary to carry out this subsection. Such 
     regulations shall include--
       ``(A) provisions under which interest on any lump-sum 
     payment under the second sentence of paragraph (1) shall be 
     limited in a manner similar to that specified in the last 
     sentence of section 8316(b); and
       ``(B) provisions under which the Office may provide for--
       ``(i) the payment, to the spouse or children of any 
     individual referred to in the first sentence of paragraph 
     (1), of any amounts which (but for this clause) would 
     otherwise have been nonpayable by reason of such first 
     sentence, subject to paragraph (5); and
       ``(ii) an appropriate adjustment in the amount of any lump-
     sum payment under the second sentence of paragraph (1) to 
     reflect the application of clause (i).
       ``(5) Regulations to carry out clause (i) of paragraph 
     (4)(B) shall include provisions to ensure that the authority 
     to make any payment to the spouse or children of an 
     individual under such clause shall be available only to the 
     extent that the application of such clause is considered 
     necessary and appropriate taking into account the totality of 
     the circumstances, including the financial needs of the 
     spouse or children, whether the spouse or children 
     participated in an offense described in paragraph (2) of 
     which such individual was finally convicted, and what 
     measures, if any, may be necessary to ensure that the 
     convicted individual does not benefit from any such payment.
       ``(6) For purposes of this subsection--
       ``(A) the terms `finally convicted' and `final conviction' 
     refer to a conviction (i) which has not been appealed and is 
     no longer appealable because the time for taking an appeal 
     has expired, or (ii) which has been appealed and the appeals 
     process for which is completed;
       ``(B) the term `Member' has the meaning given such term by 
     section 2106, notwithstanding section 8331(2); and
       ``(C) the term `child' has the meaning given such term by 
     section 8341.''.
       (b) Federal Employees' Retirement System.--Section 8411 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(l)(1) Notwithstanding any other provision of this 
     chapter, the service of an individual finally convicted of an 
     offense described in paragraph (2) shall not be taken into 
     account for purposes of this chapter, except that this 
     sentence applies only to service rendered as a Member 
     (irrespective of when rendered). Any such individual (or 
     other person determined under section 8424(d), if applicable) 
     shall be entitled to be paid so much of such individual's 
     lump-sum credit as is attributable to service to which the 
     preceding sentence applies.
       ``(2) An offense described in this paragraph is any offense 
     described in section 8332(o)(2)(B) for which the following 
     apply:
       ``(A) Every act or omission of the individual (referred to 
     in paragraph (1)) that is needed to satisfy the elements of 
     the offense occurs while the individual is a Member.
       ``(B) Every act or omission of the individual that is 
     needed to satisfy the elements of the offense directly 
     relates to the performance of the individual's official 
     duties as a Member.
       ``(C) The offense is committed after the date of enactment 
     of this subsection.
       ``(3) An individual convicted of an offense described in 
     paragraph (2) shall not, after the date of the final 
     conviction, be eligible to participate in the retirement 
     system under this chapter while serving as a Member.
       ``(4) The Office of Personnel Management shall prescribe 
     any regulations necessary to carry out this subsection. Such 
     regulations shall include--
       ``(A) provisions under which interest on any lump-sum 
     payment under the second sentence of paragraph (1) shall be 
     limited in a manner similar to that specified in the last 
     sentence of section 8316(b); and
       ``(B) provisions under which the Office may provide for--
       ``(i) the payment, to the spouse or children of any 
     individual referred to in the first sentence of paragraph 
     (1), of any amounts which (but for this clause) would 
     otherwise have been nonpayable by reason of such first 
     sentence, subject to paragraph (5); and
       ``(ii) an appropriate adjustment in the amount of any lump-
     sum payment under the second sentence of paragraph (1) to 
     reflect the application of clause (i).
       ``(5) Regulations to carry out clause (i) of paragraph 
     (4)(B) shall include provisions to ensure that the authority 
     to make any payment under such clause to the spouse or 
     children of an individual shall be available only to the 
     extent that the application of such clause is considered 
     necessary and appropriate taking into account the totality of 
     the circumstances, including the financial needs of the 
     spouse or children, whether the spouse or children 
     participated in an offense described in paragraph (2) of 
     which such individual was finally convicted, and what 
     measures, if any, may be necessary to ensure that the 
     convicted individual does not benefit from any such payment.
       ``(6) For purposes of this subsection--
       ``(A) the terms `finally convicted' and `final conviction' 
     refer to a conviction (i) which has not been appealed and is 
     no longer appealable because the time for taking an appeal 
     has expired, or (ii) which has been appealed and the appeals 
     process for which is completed;
       ``(B) the term `Member' has the meaning given such term by 
     section 2106, notwithstanding section 8401(20); and
       ``(C) the term `child' has the meaning given such term by 
     section 8441.''.

[[Page 21898]]



      TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY

                     Subtitle A--Procedural Reform

     SEC. 511. AMENDMENTS TO RULE XXVIII.

       (a) Out of Scope Material Amendment.--Rule XXVIII of the 
     Standing Rules of the Senate is amended by--
       (1) redesignating paragraphs 4 through 6 as paragraphs 6 
     through 8, respectively; and
       (2) striking paragraphs 2 and 3 and inserting the 
     following:
       ``2. (a) Conferees shall not insert in their report matter 
     not committed to them by either House, nor shall they strike 
     from the bill matter agreed to by both Houses.
       ``(b) If matter which was agreed to by both Houses is 
     stricken from the bill a point of order may be made against 
     the report, and if the point of order is sustained, the 
     report is rejected or shall be recommitted to the committee 
     of conference if the House of Representatives has not already 
     acted thereon.
       ``(c) If new matter is inserted in the report, a point of 
     order may be made against the conference report and it shall 
     be disposed of as provided under paragraph 4.
       ``3.(a) In any case in which a disagreement to an amendment 
     in the nature of a substitute has been referred to 
     conferees--
       ``(1) it shall be in order for the conferees to report a 
     substitute on the same subject matter;
       ``(2) the conferees may not include in the report matter 
     not committed to them by either House; and
       ``(3) the conferees may include in their report in any such 
     case matter which is a germane modification of subjects in 
     disagreement.
       ``(b) In any case in which the conferees violate 
     subparagraph (a), a point of order may be made against the 
     conference report and it shall be disposed of as provided 
     under paragraph 4.
       ``4.(a) A Senator may raise a point of order that one or 
     more provisions of a conference report violates paragraph 2 
     or paragraph 3, as the case may be. The Presiding Officer may 
     sustain the point of order as to some or all of the 
     provisions against which the Senator raised the point of 
     order.
       ``(b) If the Presiding Officer sustains the point of order 
     as to any of the provisions against which the Senator raised 
     the point of order, then those provisions against which the 
     Presiding Officer sustains the point of order shall be 
     stricken. After all other points of order under this 
     paragraph have been disposed of--
       ``(1) the Senate shall proceed to consider the question of 
     whether the Senate should recede from its amendment to the 
     House bill, or its disagreement to the amendment of the 
     House, and concur with a further amendment, which further 
     amendment shall consist of only that portion of the 
     conference report that has not been stricken;
       ``(2) the question in clause (1) shall be decided under the 
     same debate limitation as the conference report; and
       ``(3) no further amendment shall be in order.
       ``5.(a) Any Senator may move to waive any or all points of 
     order under paragraph 2 or 3 with respect to the pending 
     conference report by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn. All motions to waive 
     under this paragraph shall be debatable collectively for not 
     to exceed 1 hour equally divided between the Majority Leader 
     and the Minority Leader or their designees. A motion to waive 
     all points of order under this paragraph shall not be 
     amendable.
       ``(b) All appeals from rulings of the Chair under paragraph 
     4 shall be debatable collectively for not to exceed 1 hour, 
     equally divided between the Majority and the Minority Leader 
     or their designees. An affirmative vote of three-fifths of 
     the Members of the Senate, duly chosen and sworn, shall be 
     required in the Senate to sustain an appeal of the ruling of 
     the Chair under paragraph 4.''.
       (b) Public Availability Amendment.--
       (1) In general.--Rule XXVIII of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``9. (a)(1) It shall not be in order to vote on the 
     adoption of a report of a committee of conference unless such 
     report has been available to Members and to the general 
     public for at least 48 hours before such vote. If a point of 
     order is sustained under this paragraph, then the conference 
     report shall be set aside.
       ``(2) For purposes of this paragraph, a report of a 
     committee of conference is made available to the general 
     public as of the time it is posted on a publicly accessible 
     website controlled by a Member, committee, Library of 
     Congress, or other office of Congress, or the Government 
     Printing Office, as reported to the Presiding Officer by the 
     Secretary of the Senate.
       ``(b)(1) This paragraph may be waived in the Senate with 
     respect to the pending conference report by an affirmative 
     vote of three-fifths of the Members, duly chosen and sworn. A 
     motion to waive this paragraph shall be debatable for not to 
     exceed 1 hour equally divided between the Majority Leader and 
     the Minority Leader or their designees.
       ``(2) An affirmative vote of three-fifths of the Members, 
     duly chosen and sworn, shall be required to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this paragraph. An appeal of the ruling of the Chair shall be 
     debatable for not to exceed 1 hour equally divided between 
     the Majority and the Minority Leader or their designees
       ``(c) This paragraph may be waived by joint agreement of 
     the Majority Leader and the Minority Leader of the Senate, 
     upon their certification that such waiver is necessary as a 
     result of a significant disruption to Senate facilities or to 
     the availability of the Internet.''.
       (2) Implementation.--Not later than 60 days after the date 
     of enactment of this section, the Committee on Rules and 
     Administration, in consultation with the Secretary of the 
     Senate and the Clerk of the House of Representatives, and the 
     Government Printing Office shall promulgate regulations for 
     the implementation of the requirements of paragraph 9 of rule 
     XXVIII of the Standing Rules of the Senate, as added by this 
     section.

     SEC. 512. NOTICE OF OBJECTING TO PROCEEDING.

       (a) In General.--The Majority and Minority Leaders of the 
     Senate or their designees shall recognize a notice of intent 
     of a Senator who is a member of their caucus to object to 
     proceeding to a measure or matter only if the Senator--
       (1) following the objection to a unanimous consent to 
     proceeding to, and, or passage of, a measure or matter on 
     their behalf, submits the notice of intent in writing to the 
     appropriate leader or their designee; and
       (2) not later than 6 session days after the submission 
     under paragraph (1), submits for inclusion in the 
     Congressional Record and in the applicable calendar section 
     described in subsection (b) the following notice:
       ``I, Senator ____, intend to object to proceedings to ____, 
     dated ____ for the following reasons____.''.
       (b) Calendar.--
       (1) In general.--The Secretary of the Senate shall 
     establish for both the Senate Calendar of Business and the 
     Senate Executive Calendar a separate section entitled 
     ``Notice of Intent to Object to Proceeding''.
       (2) Content.--The section required by paragraph (1) shall 
     include--
       (A) the name of each Senator filing a notice under 
     subsection (a)(2);
       (B) the measure or matter covered by the calendar that the 
     Senator objects to; and
       (C) the date the objection was filed.
       (3) Notice.--A Senator who has notified their respective 
     leader and who has withdrawn their objection within the 6 
     session day period is not required to submit a notification 
     under subsection (a)(2).
       (c) Removal.--A Senator may have an item with respect to 
     the Senator removed from a calendar to which it was added 
     under subsection (b) by submitting for inclusion in the 
     Congressional Record the following notice:
       ``I, Senator ____, do not object to proceed to ____, dated 
     ____.''.

     SEC. 513. PUBLIC AVAILABILITY OF SENATE COMMITTEE AND 
                   SUBCOMMITTEE MEETINGS.

       (a) In General.--Paragraph 5(e) of rule XXVI of the 
     Standing Rules of the Senate is amended by--
       (1) inserting after ``(e)'' the following: ``(1)''; and
       (2) adding at the end the following:
       ``(2)(A) Except with respect to meetings closed in 
     accordance with this rule, each committee and subcommittee 
     shall make publicly available through the Internet a video 
     recording, audio recording, or transcript of any meeting not 
     later than 21 business days after the meeting occurs.
       ``(B) Information required by subclause (A) shall be 
     available until the end of the Congress following the date of 
     the meeting.
       ``(C) The Committee on Rules and Administration may waive 
     this clause upon request based on the inability of a 
     committee or subcommittee to comply with this clause due to 
     technical or logistical reasons.''.
       (b) Effective Date.--This section shall take effect 90 days 
     after the date of enactment of this Act.

     SEC. 514. AMENDMENTS AND MOTIONS TO RECOMMIT.

       Paragraph 1 of rule XV of the Standing Rules of the Senate 
     is amended to read as follows:
       ``1.(a) An amendment and any instruction accompanying a 
     motion to recommit shall be reduced to writing and read and 
     identical copies shall be provided by the Senator offering 
     the amendment or instruction to the desks of the Majority 
     Leader and the Minority Leader before being debated.
       ``(b) A motion shall be reduced to writing, if desired by 
     the Presiding Officer or by any Senator, and shall be read 
     before being debated.''.

     SEC. 515. SENSE OF THE SENATE ON CONFERENCE COMMITTEE 
                   PROTOCOLS.

       It is the sense of the Senate that--
       (1) conference committees should hold regular, formal 
     meetings of all conferees that are open to the public;
       (2) all conferees should be given adequate notice of the 
     time and place of all such meetings;
       (3) all conferees should be afforded an opportunity to 
     participate in full and complete debates of the matters that 
     such conference committees may recommend to their respective 
     Houses; and
       (4) the text of a report of a committee of conference shall 
     not be changed after the Senate signature sheets have been 
     signed by a majority of the Senate conferees.

[[Page 21899]]



                       Subtitle B--Earmark Reform

     SEC. 521. CONGRESSIONALLY DIRECTED SPENDING.

       The Standing Rules of the Senate are amended by adding at 
     the end the following:

                              ``RULE XLIV

         ``Congressionally Directed Spending and Related Items

       ``1.(a) It shall not be in order to vote on a motion to 
     proceed to consider a bill or joint resolution reported by 
     any committee unless the chairman of the committee of 
     jurisdiction or the Majority Leader or his or her designee 
     certifies--
       ``(1) that each congressionally directed spending item, 
     limited tax benefit, and limited tariff benefit, if any, in 
     the bill or joint resolution, or in the committee report 
     accompanying the bill or joint resolution, has been 
     identified through lists, charts, or other similar means 
     including the name of each Senator who submitted a request to 
     the committee for each item so identified; and
       ``(2) that the information in clause (1) has been available 
     on a publicly accessible congressional website in a 
     searchable format at least 48 hours before such vote.
       ``(b) If a point of order is sustained under this 
     paragraph, the motion to proceed shall be suspended until the 
     sponsor of the motion or his or her designee has requested 
     resumption and compliance with this paragraph has been 
     achieved.
       ``2.(a) It shall not be in order to vote on a motion to 
     proceed to consider a Senate bill or joint resolution not 
     reported by committee unless the chairman of the committee of 
     jurisdiction or the Majority Leader or his or her designee 
     certifies--
       ``(1) that each congressionally directed spending item, 
     limited tax benefit, and limited tariff benefit, if any, in 
     the bill or joint resolution, has been identified through 
     lists, charts, or other similar means, including the name of 
     each Senator who submitted a request to the sponsor of the 
     bill or joint resolution for each item so identified; and
       ``(2) that the information in clause (1) has been available 
     on a publicly accessible congressional website in a 
     searchable format at least 48 hours before such vote.
       ``(b) If a point of order is sustained under this 
     paragraph, the motion to proceed shall be suspended until the 
     sponsor of the motion or his or her designee has requested 
     resumption and compliance with this paragraph has been 
     achieved.
       ``3.(a) It shall not be in order to vote on the adoption of 
     a report of a committee of conference unless the chairman of 
     the committee of jurisdiction or the Majority Leader or his 
     or her designee certifies--
       ``(1) that each congressionally directed spending item, 
     limited tax benefit, and limited tariff benefit, if any, in 
     the conference report, or in the joint statement of managers 
     accompanying the conference report, has been identified 
     through lists, charts, or other means, including the name of 
     each Senator who submitted a request to the committee of 
     jurisdiction for each item so identified; and
       ``(2) that the information in clause (1) has been available 
     on a publicly accessible congressional website at least 48 
     hours before such vote.
       ``(b) If a point of order is sustained under this 
     paragraph, then the conference report shall be set aside.
       ``4.(a) If during consideration of a bill or joint 
     resolution, a Senator proposes an amendment containing a 
     congressionally directed spending item, limited tax benefit, 
     or limited tariff benefit which was not included in the bill 
     or joint resolution as placed on the calendar or as reported 
     by any committee, in a committee report on such bill or joint 
     resolution, or a committee report of the Senate on a 
     companion measure, then as soon as practicable, the Senator 
     shall ensure that a list of such items (and the name of any 
     Senator who submitted a request to the Senator for each 
     respective item included in the list) is printed in the 
     Congressional Record.
       ``(b) If a committee reports a bill or joint resolution 
     that includes congressionally directed spending items, 
     limited tax benefits, or limited tariff benefits in the bill 
     or joint resolution, or in the committee report accompanying 
     the bill or joint resolution, the committee shall as soon as 
     practicable identify on a publicly accessible congressional 
     website each such item through lists, charts, or other 
     similar means, including the name of each Senator who 
     submitted a request to the committee for each item so 
     identified. Availability on the Internet of a committee 
     report that contains the information described in this 
     subparagraph shall satisfy the requirements of this 
     subparagraph.
       ``(c) To the extent technically feasible, information made 
     available on publicly accessible congressional websites under 
     paragraphs 3 and 4 shall be provided in a searchable format.
       ``5. For the purpose of this rule--
       ``(a) the term `congressionally directed spending item' 
     means a provision or report language included primarily at 
     the request of a Senator providing, authorizing, or 
     recommending a specific amount of discretionary budget 
     authority, credit authority, or other spending authority for 
     a contract, loan, loan guarantee, grant, loan authority, or 
     other expenditure with or to an entity, or targeted to a 
     specific State, locality or Congressional district, other 
     than through a statutory or administrative formula-driven or 
     competitive award process;
       ``(b) the term `limited tax benefit' means--
       ``(1) any revenue provision that--
       ``(A) provides a Federal tax deduction, credit, exclusion, 
     or preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       ``(B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision;
       ``(c) the term `limited tariff benefit' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities; and
       ``(d) except as used in subparagraph 8(e), the term `item' 
     when not preceded by `congressionally directed spending' 
     means any provision that is a congressionally directed 
     spending item, a limited tax benefit, or a limited tariff 
     benefit.
       ``6.(a) A Senator who requests a congressionally directed 
     spending item, a limited tax benefit, or a limited tariff 
     benefit in any bill or joint resolution (or an accompanying 
     report) or in any conference report (or an accompanying joint 
     statement of managers) shall provide a written statement to 
     the chairman and ranking member of the committee of 
     jurisdiction, including--
       ``(1) the name of the Senator;
       ``(2) in the case of a congressionally directed spending 
     item, the name and location of the intended recipient or, if 
     there is no specifically intended recipient, the intended 
     location of the activity;
       ``(3) in the case of a limited tax or tariff benefit, 
     identification of the individual or entities reasonably 
     anticipated to benefit, to the extent known to the Senator;
       ``(4) the purpose of such congressionally directed spending 
     item or limited tax or tariff benefit; and
       ``(5) a certification that neither the Senator nor the 
     Senator's immediate family has a pecuniary interest in the 
     item, consistent with the requirements of paragraph 9.
       ``(b) With respect to each item included in a Senate bill 
     or joint resolution (or accompanying report) reported by 
     committee or considered by the Senate, or included in a 
     conference report (or joint statement of managers 
     accompanying the conference report) considered by the Senate, 
     each committee of jurisdiction shall make available for 
     public inspection on the Internet the certifications under 
     subparagraph (a)(5) as soon as practicable.
       ``7. In the case of a bill, joint resolution, or conference 
     report that contains congressionally directed spending items 
     in any classified portion of a report accompanying the 
     measure, the committee of jurisdiction shall, to the greatest 
     extent practicable, consistent with the need to protect 
     national security (including intelligence sources and 
     methods), include on the list required by paragraph 1, 2, or 
     3 as the case may be, a general program description in 
     unclassified language, funding level, and the name of the 
     sponsor of that congressionally directed spending item.
       ``8.(a) A Senator may raise a point of order against one or 
     more provisions of a conference report if they constitute new 
     directed spending provisions. The Presiding Officer may 
     sustain the point of order as to some or all of the 
     provisions against which the Senator raised the point of 
     order.
       ``(b) If the Presiding Officer sustains the point of order 
     as to any of the provisions against which the Senator raised 
     the point of order, then those provisions against which the 
     Presiding Officer sustains the point of order shall be 
     stricken. After all other points of order under this 
     paragraph have been disposed of--
       ``(1) the Senate shall proceed to consider the question of 
     whether the Senate should recede from its amendment to the 
     House bill, or its disagreement to the amendment of the 
     House, and concur with a further amendment, which further 
     amendment shall consist of only that portion of the 
     conference report that has not been stricken; and
       ``(2) the question in clause (1) shall be decided under the 
     same debate limitation as the conference report and no 
     further amendment shall be in order.
       ``(c) Any Senator may move to waive any or all points of 
     order under this paragraph with respect to the pending 
     conference report by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn. All motions to waive 
     under this paragraph shall be debatable collectively for not 
     to exceed 1 hour equally divided between the Majority Leader 
     and the Minority Leader or their designees. A motion to waive 
     all points of order under this paragraph shall not be 
     amendable.
       ``(d) All appeals from rulings of the Chair under this 
     paragraph shall be debatable collectively for not to exceed 1 
     hour, equally divided between the Majority and the Minority 
     Leader or their designees. An affirmative vote of three-
     fifths of the Members of the Senate, duly chosen and sworn, 
     shall be required in the Senate to sustain an appeal of the 
     ruling of the Chair under this paragraph.
       ``(e) The term `new directed spending provision' as used in 
     this paragraph means any item that consists of a specific 
     provision containing a specific level of funding for any 
     specific account, specific program, specific project, or 
     specific activity, when no specific

[[Page 21900]]

     funding was provided for such specific account, specific 
     program, specific project, or specific activity in the 
     measure originally committed to the conferees by either 
     House.
       ``9. No Member, officer, or employee of the Senate shall 
     knowingly use his official position to introduce, request, or 
     otherwise aid the progress or passage of congressionally 
     directed spending items, limited tax benefits, or limited 
     tariff benefits a principal purpose of which is to further 
     only his pecuniary interest, only the pecuniary interest of 
     his immediate family, or only the pecuniary interest of a 
     limited class of persons or enterprises, when he or his 
     immediate family, or enterprises controlled by them, are 
     members of the affected class.
       ``10. Any Senator may move to waive application of 
     paragraph 1, 2, or 3 with respect to a measure by an 
     affirmative vote of three-fifths of the Members, duly chosen 
     and sworn. A motion to waive under this paragraph with 
     respect to a measure shall be debatable for not to exceed 1 
     hour equally divided between the Majority Leader and the 
     Minority Leader or their designees. With respect to points of 
     order raised under paragraphs 1, 2, or 3, only one appeal 
     from a ruling of the Chair shall be in order, and debate on 
     such an appeal from a ruling of the Chair on such point of 
     order shall be limited to one hour.
       ``11. Any Senator may move to waive all points of order 
     under this rule with respect to the pending measure or motion 
     by an affirmative vote of three-fifths of the Members, duly 
     chosen and sworn. All motions to waive all points of order 
     with respect to a measure or motion as provided by this 
     paragraph shall be debatable collectively for not to exceed 1 
     hour equally divided between the Majority Leader and the 
     Minority Leader or their designees. A motion to waive all 
     points of order with respect to a measure or motion as 
     provided by this paragraph shall not be amendable.
       ``12. Paragraph 1, 2, or 3 of this rule may be waived by 
     joint agreement of the Majority Leader and the Minority 
     Leader of the Senate upon their certification that such 
     waiver is necessary as a result of a significant disruption 
     to Senate facilities or to the availability of the 
     Internet.''.

                   Subtitle C--Revolving Door Reform

     SEC. 531. POST-EMPLOYMENT RESTRICTIONS.

       (a) Application to Entity.--Paragraph 8 of rule XXXVII of 
     the Standing Rules of the Senate is amended by--
       (1) inserting after ``by such a registered lobbyist'' the 
     following ``or an entity that employs or retains a registered 
     lobbyist''; and
       (2) striking ``one year'' and inserting ``2 years''.
       (b) Prohibition.--Paragraph 9 of rule XXXVII of the 
     Standing Rules of the Senate is amended--
       (1) in the first sentence, by inserting after ``by such a 
     registered lobbyist'' the following: ``or an entity that 
     employs or retains a registered lobbyist'';
       (2) in the second sentence, by inserting after ``by such a 
     registered lobbyist'' the following: ``or an entity that 
     employs or retains a registered lobbyist'';
       (3) by designating the first and second sentences as 
     subparagraphs (a) and (b), respectively; and
       (4) by adding at the end the following:
       ``(c) If an officer of the Senate or an employee on the 
     staff of a Member or on the staff of a committee whose rate 
     of pay is equal to or greater than 75 percent of the rate of 
     pay of a Member and employed at such rate for more than 60 
     days in a calendar year, upon leaving that position, becomes 
     a registered lobbyist, or is employed or retained by such a 
     registered lobbyist or an entity that employs or retains a 
     registered lobbyist for the purpose of influencing 
     legislation, such employee may not lobby any Member, officer, 
     or employee of the Senate for a period of 1 year after 
     leaving that position.''.
       (c) Effective Date.--Paragraph 9(c) of rule XXXVII of the 
     Standing Rules of the Senate shall apply to individuals who 
     leave office or employment to which such paragraph applies on 
     or after the date of adjournment of the first session of the 
     110th Congress sine die or December 31, 2007, whichever date 
     is earlier.

     SEC. 532. DISCLOSURE BY MEMBERS OF CONGRESS AND STAFF OF 
                   EMPLOYMENT NEGOTIATIONS.

       Rule XXXVII of the Standing Rules of the Senate is amended 
     by--
       (1) redesignating paragraph 12 as paragraph 13; and
       (2) adding after paragraph 11 the following:
       ``12.(a) A Member shall not negotiate or have any 
     arrangement concerning prospective private employment until 
     after his or her successor has been elected, unless such 
     Member files a signed statement with the Secretary of the 
     Senate, for public disclosure, regarding such negotiations or 
     arrangements not later than 3 business days after the 
     commencement of such negotiation or arrangement, including 
     the name of the private entity or entities involved in such 
     negotiations or arrangements, and the date such negotiations 
     or arrangements commenced.
       ``(b) A Member shall not negotiate or have any arrangement 
     concerning prospective employment for a job involving 
     lobbying activities as defined by the Lobbying Disclosure Act 
     of 1995 until after his or her successor has been elected.
       ``(c)(1) An employee of the Senate earning in excess of 75 
     percent of the salary paid to a Senator shall notify the 
     Select Committee on Ethics that he or she is negotiating or 
     has any arrangement concerning prospective private 
     employment.
       ``(2) The notification under this subparagraph shall be 
     made not later than 3 business days after the commencement of 
     such negotiation or arrangement.
       ``(3) An employee to whom this subparagraph applies shall--
       ``(A) recuse himself or herself from--
       ``(i) any contact or communication with the prospective 
     employer on issues of legislative interest to the prospective 
     employer; and
       ``(ii) any legislative matter in which there is a conflict 
     of interest or an appearance of a conflict for that employee 
     under this subparagraph; and
       ``(B) notify the Select Committee on Ethics of such 
     recusal.''.

     SEC. 533. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, 
                   SENATE OFFICERS, AND SPEAKERS OF THE HOUSE WHO 
                   ARE REGISTERED LOBBYISTS OR SEEK FINANCIAL 
                   GAIN.

       Rule XXIII of the Standing Rules of the Senate is amended 
     by--
       (1) inserting ``1.'' before ``Other'';
       (2) inserting after ``Ex-Senators and Senators-elect'' the 
     following: ``, except as provided in paragraph 2'';
       (3) inserting after ``Ex-Secretaries and ex-Sergeants at 
     Arms of the Senate'' the following: ``, except as provided in 
     paragraph 2'';
       (4) inserting after ``Ex-Speakers of the House of 
     Representatives'' the following: ``, except as provided in 
     paragraph 2''; and
       (5) adding at the end the following:
       ``2.(a) The floor privilege provided in paragraph 1 shall 
     not apply, when the Senate is in session, to an individual 
     covered by this paragraph who is--
       ``(1) a registered lobbyist or agent of a foreign 
     principal; or
       ``(2) in the employ of or represents any party or 
     organization for the purpose of influencing, directly or 
     indirectly, the passage, defeat, or amendment of any Federal 
     legislative proposal.
       ``(b) The Committee on Rules and Administration may 
     promulgate regulations to allow individuals covered by this 
     paragraph floor privileges for ceremonial functions and 
     events designated by the Majority Leader and the Minority 
     Leader.
       ``3. A former Member of the Senate may not exercise 
     privileges to use Senate athletic facilities or Member-only 
     parking spaces if such Member is--
       ``(a) a registered lobbyist or agent of a foreign 
     principal; or
       ``(b) in the employ of or represents any party or 
     organization for the purpose of influencing, directly or 
     indirectly, the passage, defeat, or amendment of any Federal 
     legislative proposal.''.

     SEC. 534. INFLUENCING HIRING DECISIONS.

       Rule XLIII of the Standing Rules of the Senate is amended 
     by adding at the end the following:
       ``6. No Member, with the intent to influence solely on the 
     basis of partisan political affiliation an employment 
     decision or employment practice of any private entity, 
     shall--
       ``(a) take or withhold, or offer or threaten to take or 
     withhold, an official act; or
       ``(b) influence, or offer or threaten to influence the 
     official act of another.''.

     SEC. 535. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.

       (a) In General.--After a Senator or an elected officer of 
     the Senate leaves office or after the termination of 
     employment with the Senate of an employee of the Senate, the 
     Secretary of the Senate shall notify the Member, officer, or 
     employee of the beginning and ending date of the prohibitions 
     that apply to the Member, officer, or employee under rule 
     XXXVII of the Standing Rules of the Senate.
       (b) Effective Date.--This section shall take effect 60 days 
     after the date of enactment of this Act.

                   Subtitle D--Gift and Travel Reform

     SEC. 541. BAN ON GIFTS FROM REGISTERED LOBBYISTS AND ENTITIES 
                   THAT HIRE REGISTERED LOBBYISTS.

       Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the 
     Senate is amended by--
       (1) inserting ``(A)'' after ``(2)''; and
       (2) adding at the end the following:
       ``(B) A Member, officer, or employee may not knowingly 
     accept a gift from a registered lobbyist, an agent of a 
     foreign principal, or a private entity that retains or 
     employs a registered lobbyist or an agent of a foreign 
     principal, except as provided in subparagraphs (c) and 
     (d).''.

     SEC. 542. NATIONAL PARTY CONVENTIONS.

       Paragraph (1)(d) of rule XXXV of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``(5) During the dates of the national party convention for 
     the political party to which a Member belongs, a Member may 
     not participate in an event honoring that Member, other than 
     in his or her capacity as the party's presidential or vice 
     presidential nominee or presumptive nominee, if such event is

[[Page 21901]]

     directly paid for by a registered lobbyist or a private 
     entity that retains or employs a registered lobbyist.''.

     SEC. 543. PROPER VALUATION OF TICKETS TO ENTERTAINMENT AND 
                   SPORTING EVENTS.

       Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the 
     Senate is amended by--
       (1) inserting ``(A)'' before ``Anything''; and
       (2) adding at the end the following:
       ``(B) The market value of a ticket to an entertainment or 
     sporting event shall be the face value of the ticket or, in 
     the case of a ticket without a face value, the value of the 
     ticket with the highest face value for the event, except that 
     if a ticket holder can establish in advance of the event to 
     the Select Committee on Ethics that the ticket at issue is 
     equivalent to another ticket with a face value, then the 
     market value shall be set at the face value of the equivalent 
     ticket. In establishing equivalency, the ticket holder shall 
     provide written and independently verifiable information 
     related to the primary features of the ticket, including, at 
     a minimum, the seat location, access to parking, availability 
     of food and refreshments, and access to venue areas not open 
     to the public. The Select Committee on Ethics may make a 
     determination of equivalency only if such information is 
     provided in advance of the event.''.

     SEC. 544. RESTRICTIONS ON REGISTERED LOBBYIST PARTICIPATION 
                   IN TRAVEL AND DISCLOSURE.

       (a) Prohibition.--Paragraph 2 of rule XXXV of the Standing 
     Rules of the Senate is amended--
       (1) in subparagraph (a)(1), by--
       (A) adding after ``foreign principal'' the following: ``or 
     a private entity that retains or employs 1 or more registered 
     lobbyists or agents of a foreign principal'';
       (B) striking the dash and inserting ``complies with the 
     requirements of this paragraph.''; and
       (C) striking clauses (A) and (B);
       (2) by redesignating subparagraph (a)(2) as subparagraph 
     (a)(3) and adding after subparagraph (a)(1) the following:
       ``(2)(A) Notwithstanding clause (1), a reimbursement 
     (including payment in kind) to a Member, officer, or employee 
     of the Senate from an individual, other than a registered 
     lobbyist or agent of a foreign principal, that is a private 
     entity that retains or employs 1 or more registered lobbyists 
     or agents of a foreign principal shall be deemed to be a 
     reimbursement to the Senate under clause (1) if--
       ``(i) the reimbursement is for necessary transportation, 
     lodging, and related expenses for travel to a meeting, 
     speaking engagement, factfinding trip, or similar event 
     described in clause (1) in connection with the duties of the 
     Member, officer, or employee and the reimbursement is 
     provided only for attendance at or participation for 1-day 
     (exclusive of travel time and an overnight stay) at an event 
     described in clause (1); or
       ``(ii) the reimbursement is for necessary transportation, 
     lodging, and related expenses for travel to a meeting, 
     speaking engagement, factfinding trip, or similar event 
     described in clause (1) in connection with the duties of the 
     Member, officer, or employee and the reimbursement is from an 
     organization designated under section 501(c)(3) of the 
     Internal Revenue Code of 1986.
       ``(B) When deciding whether to preapprove a trip under this 
     clause, the Select Committee on Ethics shall make a 
     determination consistent with regulations issued pursuant to 
     section 544(b) of the Honest Leadership and Open Government 
     Act of 2007. The committee through regulations to implement 
     subclause (A)(i) may permit a longer stay when determined by 
     the committee to be practically required to participate in 
     the event, but in no event may the stay exceed 2 nights.'';
       (3) in subparagraph (a)(3), as redesignated, by striking 
     ``clause (1)'' and inserting ``clauses (1) and (2)'';
       (4) in subparagraph (b), by inserting before ``Each'' the 
     following: ``Before an employee may accept reimbursement 
     pursuant to subparagraph (a), the employee shall receive 
     advance written authorization from the Member or officer 
     under whose direct supervision the employee works.'';
       (5) in subparagraph (c)--
       (A) by inserting before ``Each'' the following: ``Each 
     Member, officer, or employee that receives reimbursement 
     under this paragraph shall disclose the expenses reimbursed 
     or to be reimbursed, the authorization under subparagraph (b) 
     (for an employee), and a copy of the certification in 
     subparagraph (e)(1) to the Secretary of the Senate not later 
     than 30 days after the travel is completed.'';
       (B) by striking ``subparagraph (a)(1)'' and inserting 
     ``this subparagraph'';
       (C) in clause (5), by striking ``and'' after the semicolon;
       (D) by redesignating clause (6) as clause (7); and
       (E) by inserting after clause (5) the following:
       ``(6) a description of meetings and events attended; and'';
       (6) by redesignating subparagraphs (d) and (e) as 
     subparagraphs (f) and (g), respectively;
       (7) by adding after subparagraph (c) the following:
       ``(d)(1) A Member, officer, or employee of the Senate may 
     not accept a reimbursement (including payment in kind) for 
     transportation, lodging, or related expenses under 
     subparagraph (a) for a trip that was--
       ``(A) planned, organized, or arranged by or at the request 
     of a registered lobbyist or agent of a foreign principal; or
       ``(B)(i) for trips described under subparagraph 
     (a)(2)(A)(i) on which a registered lobbyist accompanies the 
     Member, officer, or employee on any segment of the trip; or
       ``(ii) for all other trips allowed under this paragraph, on 
     which a registered lobbyist accompanies the Member, officer, 
     or employee at any point throughout the trip.
       ``(2) The Select Committee on Ethics shall issue 
     regulations identifying de minimis activities by registered 
     lobbyists or foreign agents that would not violate this 
     subparagraph.
       ``(e) A Member, officer, or employee shall, before 
     accepting travel otherwise permissible under this paragraph 
     from any source--
       ``(1) provide to the Select Committee on Ethics a written 
     certification from such source that--
       ``(A) the trip will not be financed in any part by a 
     registered lobbyist or agent of a foreign principal;
       ``(B) the source either--
       ``(i) does not retain or employ registered lobbyists or 
     agents of a foreign principal and is not itself a registered 
     lobbyist or agent of a foreign principal; or
       ``(ii) certifies that the trip meets the requirements of 
     subclause (i) or (ii) of subparagraph (a)(2)(A);
       ``(C) the source will not accept from a registered lobbyist 
     or agent of a foreign principal or a private entity that 
     retains or employs 1 or more registered lobbyists or agents 
     of a foreign principal, funds earmarked directly or 
     indirectly for the purpose of financing the specific trip; 
     and
       ``(D) the trip will not in any part be planned, organized, 
     requested, or arranged by a registered lobbyist or agent of a 
     foreign principal and the traveler will not be accompanied on 
     the trip consistent with the applicable requirements of 
     subparagraph (d)(1)(B) by a registered lobbyist or agent of a 
     foreign principal, except as permitted by regulations issued 
     under subparagraph (d)(2); and
       ``(2) after the Select Committee on Ethics has promulgated 
     regulations pursuant to section 544(b) of the Honest 
     Leadership and Open Government Act of 2007, obtain the prior 
     approval of the committee for such reimbursement.''; and
       (8) by striking subparagraph (g), as redesignated, and 
     inserting the following:
       ``(g) The Secretary of the Senate shall make all advance 
     authorizations, certifications, and disclosures filed 
     pursuant to this paragraph available for public inspection as 
     soon as possible after they are received, but in no event 
     prior to the completion of the relevant travel.''.
       (b) Guidelines.--
       (1) In general.--Except as provided in paragraph (4) and 
     not later than 60 days after the date of enactment of this 
     Act and at annual intervals thereafter, the Select Committee 
     on Ethics shall develop and revise, as necessary--
       (A) guidelines, for purposes of implementing the amendments 
     made by subsection (a), on evaluating a trip proposal and 
     judging the reasonableness of an expense or expenditure, 
     including guidelines related to evaluating--
       (i) the stated mission of the organization sponsoring the 
     trip;
       (ii) the organization's prior history of sponsoring 
     congressional trips, if any;
       (iii) other educational activities performed by the 
     organization besides sponsoring congressional trips;
       (iv) whether any trips previously sponsored by the 
     organization led to an investigation by the Select Committee 
     on Ethics;
       (v) whether the length of the trip and the itinerary is 
     consistent with the official purpose of the trip;
       (vi) whether there is an adequate connection between a trip 
     and official duties;
       (vii) the reasonableness of an amount spent by a sponsor of 
     the trip;
       (viii) whether there is a direct and immediate relationship 
     between a source of funding and an event; and
       (ix) any other factor deemed relevant by the Select 
     Committee on Ethics; and
       (B) regulations describing the information it will require 
     individuals subject to the requirements of the amendments 
     made by subsection (a) to submit to the committee in order to 
     obtain the prior approval of the committee for travel under 
     paragraph 2 of rule XXXV of the Standing Rules of the Senate, 
     including any required certifications.
       (2) Consideration.--In developing and revising guidelines 
     under paragraph (1)(A), the committee shall take into account 
     the maximum per diem rates for official Federal Government 
     travel published annually by the General Services 
     Administration, the Department of State, and the Department 
     of Defense.
       (3) Unreasonable expense.--For purposes of this subsection, 
     travel on a flight described in paragraph 1(c)(1)(C)(ii) of 
     rule XXXV of the Standing Rules of the Senate shall not be 
     considered to be a reasonable expense.

[[Page 21902]]

       (4) Extension.--The deadline for the initial guidelines 
     required by paragraph (1) may be extended for 30 days by the 
     Committee on Rules and Administration.
       (c) Reimbursement for Noncommercial Air Travel.--
       (1) Charter rates.--Paragraph 1(c)(1) of rule XXXV of the 
     Standing Rules of the Senate is amended by adding at the end 
     the following:
       ``(C)(i) Fair market value for a flight on an aircraft 
     described in item (ii) shall be the pro rata share of the 
     fair market value of the normal and usual charter fare or 
     rental charge for a comparable plane of comparable size, as 
     determined by dividing such cost by the number of Members, 
     officers, or employees of Congress on the flight.
       ``(ii) A flight on an aircraft described in this item is 
     any flight on an aircraft that is not--
       ``(I) operated or paid for by an air carrier or commercial 
     operator certificated by the Federal Aviation Administration 
     and required to be conducted under air carrier safety rules; 
     or
       ``(II) in the case of travel which is abroad, an air 
     carrier or commercial operator certificated by an appropriate 
     foreign civil aviation authority and the flight is required 
     to be conducted under air carrier safety rules.
       ``(iii) This subclause shall not apply to an aircraft owned 
     or leased by a governmental entity or by a Member of Congress 
     or a Member's immediate family member (including an aircraft 
     owned by an entity that is not a public corporation in which 
     the Member or Member's immediate family member has an 
     ownership interest), provided that the Member does not use 
     the aircraft anymore than the Member's or immediate family 
     member's proportionate share of ownership allows.''.
       (2) Unofficial office accounts.--Paragraph 1 of rule 
     XXXVIII of the Standing Rules of the Senate is amended by 
     adding at the end the following:
       ``(c) For purposes of reimbursement under this rule, fair 
     market value of a flight on an aircraft shall be determined 
     as provided in paragraph 1(c)(1)(C) of rule XXXV.''.
       (d) Review of Travel Allowances.--Not later than 90 days 
     after the date of enactment of this Act, the Subcommittee on 
     the Legislative Branch of the Senate Committee on 
     Appropriations, in consultation with the Committee on Rules 
     and Administration of the Senate, shall consider and propose, 
     as necessary in the discretion of the subcommittee, any 
     adjustment to the Senator's Official Personnel and Office 
     Expense Account needed in light of the enactment of this 
     section, and any modifications of Federal statutes or 
     appropriations measures needed to accomplish such 
     adjustments.
       (e) Separately Regulated Expenses.--Nothing in this section 
     or section 541 is meant to alter treatment under law or 
     Senate rules of expenses that are governed by the Foreign 
     Gifts and Decorations Act or the Mutual Educational and 
     Cultural Exchange Act.
       (f) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect 60 days after the date of enactment 
     of this Act or the date the Select Committee on Ethics issues 
     new guidelines as required by subsection (b), whichever is 
     later. Subsection (c) shall take effect on the date of 
     enactment of this Act.

     SEC. 545. FREE ATTENDANCE AT A CONSTITUENT EVENT.

       (a) In General.--Paragraph 1(c) of rule XXXV of the 
     Standing Rules of the Senate is amended by adding at the end 
     the following:
       ``(24) Subject to the restrictions in subparagraph 
     (a)(2)(A), free attendance at a constituent event permitted 
     pursuant to subparagraph (g).''.
       (b) In General.--Paragraph 1 of rule XXXV of the Standing 
     Rules of the Senate is amended by adding at the end the 
     following:
       ``(g)(1) A Member, officer, or employee may accept an offer 
     of free attendance in the Member's home State at a 
     conference, symposium, forum, panel discussion, dinner event, 
     site visit, viewing, reception, or similar event, provided by 
     a sponsor of the event, if--
       ``(A) the cost of meals provided the Member, officer, or 
     employee is less than $50;
       ``(B)(i) the event is sponsored by constituents of, or a 
     group that consists primarily of constituents of, the Member 
     (or the Member by whom the officer or employee is employed); 
     and
       ``(ii) the event will be attended primarily by a group of 
     at least 5 constituents of the Member (or the Member by whom 
     the officer or employee is employed) provided that a 
     registered lobbyist shall not attend the event; and
       ``(C)(i) the Member, officer, or employee participates in 
     the event as a speaker or a panel participant, by presenting 
     information related to Congress or matters before Congress, 
     or by performing a ceremonial function appropriate to the 
     Member's, officer's, or employee's official position; or
       ``(ii) attendance at the event is appropriate to the 
     performance of the official duties or representative function 
     of the Member, officer, or employee.
       ``(2) A Member, officer, or employee who attends an event 
     described in clause (1) may accept a sponsor's unsolicited 
     offer of free attendance at the event for an accompanying 
     individual if others in attendance will generally be 
     similarly accompanied or if such attendance is appropriate to 
     assist in the representation of the Senate.
       ``(3) For purposes of this subparagraph, the term `free 
     attendance' has the same meaning given such term in 
     subparagraph (d).''.

     SEC. 546. SENATE PRIVATELY PAID TRAVEL PUBLIC WEBSITE.

       (a) Travel Disclosure.--Not later than January 1, 2008, the 
     Secretary of the Senate shall establish a publicly available 
     website without fee or without access charge, that contains 
     information on travel that is subject to disclosure under 
     paragraph 2 of rule XXXV of the Standing Rules of the Senate, 
     that includes, with respect to travel occurring on or after 
     January 1, 2008--
       (1) a search engine;
       (2) uniform categorization by Member, dates of travel, and 
     any other common categories associated with congressional 
     travel; and
       (3) forms filed in the Senate relating to officially 
     related travel.
       (b) Retention.--The Secretary of the Senate shall maintain 
     the information posted on the public Internet site of the 
     Office of the Secretary under this section for a period not 
     longer than 4 years after receiving the information.
       (c) Extension of Authority.--If the Secretary of the Senate 
     is unable to meet the deadline established under subsection 
     (a), the Committee on Rules and Administration of the Senate 
     may grant an extension of the Secretary of the Senate.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

                       Subtitle E--Other Reforms

     SEC. 551. COMPLIANCE WITH LOBBYING DISCLOSURE.

       Rule XXXVII of the Standing Rules of the Senate is amended 
     by--
       (1) redesignating paragraphs 10 through 13 as paragraphs 11 
     through 14, respectively; and
       (2) inserting after paragraph 9, the following:
       ``10. Paragraphs 8 and 9 shall not apply to contacts with 
     the staff of the Secretary of the Senate regarding compliance 
     with the lobbying disclosure requirements of the Lobbying 
     Disclosure Act of 1995.''.

     SEC. 552. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR IMMEDIATE 
                   FAMILY MEMBER OF MEMBER WHO IS A REGISTERED 
                   LOBBYIST.

       Rule XXXVII of the Standing Rules of the Senate is amended 
     by--
       (1) redesignating paragraphs 11 through 14 as paragraphs 12 
     through 15, respectively; and
       (2) inserting after paragraph 10, the following:
       ``11. (a) If a Member's spouse or immediate family member 
     is a registered lobbyist, or is employed or retained by such 
     a registered lobbyist or an entity that hires or retains a 
     registered lobbyist for the purpose of influencing 
     legislation, the Member shall prohibit all staff employed or 
     supervised by that Member (including staff in personal, 
     committee, and leadership offices) from having any contact 
     with the Member's spouse or immediate family member that 
     constitutes a lobbying contact as defined by section 3 of the 
     Lobbying Disclosure Act of 1995 by such person.
       ``(b) Members and employees on the staff of a Member 
     (including staff in personal, committee, and leadership 
     offices) shall be prohibited from having any contact that 
     constitutes a lobbying contact as defined by section 3 of the 
     Lobbying Disclosure Act of 1995 by any spouse of a Member who 
     is a registered lobbyist, or is employed or retained by such 
     a registered lobbyist.
       ``(c) The prohibition in subparagraph (b) shall not apply 
     to the spouse of a Member who was serving as a registered 
     lobbyist at least 1 year prior to the most recent election of 
     that Member to office or at least 1 year prior to his or her 
     marriage to that Member.''.

     SEC. 553. MANDATORY SENATE ETHICS TRAINING FOR MEMBERS AND 
                   STAFF.

       (a) Training Program.--The Select Committee on Ethics shall 
     conduct ongoing ethics training and awareness programs for 
     Members of the Senate and Senate staff.
       (b) Requirements.--The ethics training program conducted by 
     the Select Committee on Ethics shall be completed by--
       (1) new Senators or staff not later than 60 days after 
     commencing service or employment; and
       (2) Senators and Senate staff serving or employed on the 
     date of enactment of this Act not later than 165 days after 
     the date of enactment of this Act.

     SEC. 554. ANNUAL REPORT BY SELECT COMMITTEE ON ETHICS.

       The Select Committee on Ethics of the Senate shall issue an 
     annual report due no later than January 31, describing the 
     following:
       (1) The number of alleged violations of Senate rules 
     received from any source, including the number raised by a 
     Senator or staff of the committee.
       (2) A list of the number of alleged violations that were 
     dismissed--

[[Page 21903]]

       (A) for lack of subject matter jurisdiction or, in which, 
     even if the allegations in the complaint are true, no 
     violation of Senate rules would exist; or
       (B) because they failed to provide sufficient facts as to 
     any material violation of the Senate rules beyond mere 
     allegation or assertion.
       (3) The number of alleged violations in which the committee 
     staff conducted a preliminary inquiry.
       (4) The number of alleged violations that resulted in an 
     adjudicatory review.
       (5) The number of alleged violations that the committee 
     dismissed for lack of substantial merit.
       (6) The number of private letters of admonition or public 
     letters of admonition issued.
       (7) The number of matters resulting in a disciplinary 
     sanction.
       (8) Any other information deemed by the committee to be 
     appropriate to describe its activities in the preceding year.

     SEC. 555. EXERCISE OF RULEMAKING POWERS.

       The Senate adopts the provisions of this title--
       (1) as an exercise of the rulemaking power of the Senate; 
     and
       (2) with full recognition of the constitutional right of 
     the Senate to change those rules at any time, in the same 
     manner, and to the same extent as in the case of any other 
     rule of the Senate.

     SEC. 555. EFFECTIVE DATE AND GENERAL PROVISIONS.

       Except as otherwise provided in this title, this title 
     shall take effect on the date of enactment of this title.

              TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT

     SEC. 601. RESTRICTIONS ON USE OF CAMPAIGN FUNDS FOR FLIGHTS 
                   ON NONCOMMERCIAL AIRCRAFT.

       (a) Restrictions.--Section 313 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 439a) is amended by adding at 
     the end the following new subsection:
       ``(c) Restrictions on Use of Campaign Funds for Flights on 
     Noncommercial Aircraft.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, a candidate for election for Federal office (other 
     than a candidate who is subject to paragraph (2)), or any 
     authorized committee of such a candidate, may not make any 
     expenditure for a flight on an aircraft unless--
       ``(A) the aircraft is operated by an air carrier or 
     commercial operator certificated by the Federal Aviation 
     Administration and the flight is required to be conducted 
     under air carrier safety rules, or, in the case of travel 
     which is abroad, by an air carrier or commercial operator 
     certificated by an appropriate foreign civil aviation 
     authority and the flight is required to be conducted under 
     air carrier safety rules; or
       ``(B) the candidate, the authorized committee, or other 
     political committee pays to the owner, lessee, or other 
     person who provides the airplane the pro rata share of the 
     fair market value of such flight (as determined by dividing 
     the fair market value of the normal and usual charter fare or 
     rental charge for a comparable plane of comparable size by 
     the number of candidates on the flight) within a commercially 
     reasonable time frame after the date on which the flight is 
     taken.
       ``(2) House candidates.--Notwithstanding any other 
     provision of this Act, in the case of a candidate for 
     election for the office of Representative in, or Delegate or 
     Resident Commissioner to, the Congress, an authorized 
     committee and a leadership PAC of the candidate may not make 
     any expenditure for a flight on an aircraft unless--
       ``(A) the aircraft is operated by an air carrier or 
     commercial operator certificated by the Federal Aviation 
     Administration and the flight is required to be conducted 
     under air carrier safety rules, or, in the case of travel 
     which is abroad, by an air carrier or commercial operator 
     certificated by an appropriate foreign civil aviation 
     authority and the flight is required to be conducted under 
     air carrier safety rules; or
       ``(B) the aircraft is operated by an entity of the Federal 
     government or the government of any State.
       ``(3) Exception for aircraft owned or leased by 
     candidate.--
       ``(A) In general.--Paragraphs (1) and (2) do not apply to a 
     flight on an aircraft owned or leased by the candidate 
     involved or an immediate family member of the candidate 
     (including an aircraft owned by an entity that is not a 
     public corporation in which the candidate or an immediate 
     family member of the candidate has an ownership interest), so 
     long as the candidate does not use the aircraft more than the 
     candidate's or immediate family member's proportionate share 
     of ownership allows.
       ``(B) Immediate family member defined.--In this 
     subparagraph (A), the term `immediate family member' means, 
     with respect to a candidate, a father, mother, son, daughter, 
     brother, sister, husband, wife, father-in-law, or mother-in-
     law.
       ``(4) Leadership pac defined.--In this subsection, the term 
     `leadership PAC' has the meaning given such term in section 
     304(i)(8)(B).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to flights taken on or after the 
     date of the enactment of this Act.

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. SENSE OF THE CONGRESS THAT ANY APPLICABLE 
                   RESTRICTIONS ON CONGRESSIONAL OFFICIALS AND 
                   EMPLOYEES SHOULD APPLY TO THE EXECUTIVE AND 
                   JUDICIAL BRANCHES.

       It is the sense of the Congress that any applicable 
     restrictions on congressional officials and employees in this 
     Act should apply to the executive and judicial branches.

     SEC. 702. KNOWING AND WILLFUL FALSIFICATION OR FAILURE TO 
                   REPORT.

       Section 104(a) of the Ethics in Government Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) in paragraph (1), as so designated, by striking 
     ``$10,000'' and inserting ``$50,000''; and
       (3) by adding at the end the following:
       ``(2)(A) It shall be unlawful for any person to knowingly 
     and willfully--
       ``(i) falsify any information that such person is required 
     to report under section 102; and
       ``(ii) fail to file or report any information that such 
     person is required to report under section 102.
       ``(B) Any person who--
       ``(i) violates subparagraph (A)(i) shall be fined under 
     title 18, United States Code, imprisoned for not more than 1 
     year, or both; and
       ``(ii) violates subparagraph (A)(ii) shall be fined under 
     title 18, United States Code.''.

     SEC. 703. RULE OF CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act 
     shall be construed to prohibit any expressive conduct 
     protected from legal prohibition by, or any activities 
     protected by the free speech, free exercise, or free 
     association clauses of, the First Amendment to the 
     Constitution.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Ladies and gentlemen of the House, if there is one message that was 
abundantly clear based on the results of last year's election results, 
it was that the American people want us to end the culture of 
corruption that has enveloped the legislative process.
  For far too long, Americans have seen business as usual where time 
and time again special interests trump the public interest.

                              {time}  1045

  So we've heard that message loud and clear. For the past several 
months, the House and the Senate have diligently worked together to 
fuse a legislative response that combines the best of the measures 
passed by both Houses earlier this year.
  The measure that we consider today will go a long way toward bringing 
back accountability to the Congress and to restoring the trust of the 
American people in their government. S. 1 accomplishes these critical 
goals in four ways.
  First, S. 1 puts an end to the K Street Project, an insidious effort 
that employed threats and intimidation to control the legislative 
process. S. 1 ensures that such efforts will no longer be permitted. It 
specifically prohibits Members and senior staff from influencing hiring 
decisions or practices of private entities for partisan political gain.
  Second, S. 1 shines a disinfecting spotlight on lobbying activities 
by mandating full and enhanced public disclosure on these activities. 
Pursuant to this measure, lobbyists will have to file reports on their 
lobbying activities twice as often each year. They will be required to 
disclose their contacts with Congress. They must certify that they did 
not give a gift or pay for travel in violation of the rules and, for 
the first time, file these reports electronically in a public, 
searchable database so that anyone can review them.
  Third, S. 1 closes loopholes in the current law that have been 
exploited to

[[Page 21904]]

avoid the clear intent of the Lobbying Disclosure Act. It does this by 
mandating the disclosure of contributions in excess of $5,000 by 
businesses or organizations that actively lobby through certain 
coalitions and associations. And, it also requires the disclosure of 
the past executive and congressional employment of registered 
lobbyists.
  Importantly, S. 1 prohibits a Member's spouse who becomes a lobbyist 
after the Member's election from making direct lobbying contacts to the 
Member or the Member's office.
  In addition, the bill addresses the process by which political 
contributions are bundled by campaign committees. It requires each 
committee to disclose to the Federal Election Commission, on a 
semiannual basis, specified information for each currently registered 
lobbyist who has either forwarded or been credited for raising 
contributions totaling at least $15,000 during the reporting period.
  Fourth, and perhaps most significantly, S. 1 puts real teeth into 
enforcement. It increases the penalties for violations of the Lobbying 
Disclosure Act to deter and punish corrupt activity. It substantially 
increases civil penalties from the current level of $50,000, to four 
times as much, to $200,000 and provides for the imposition of criminal 
penalties of up to 5 years for knowing and corrupt violations of the 
Act.
  These are some of the major reforms that S. 1 offers. This bill 
recognizes the importance of lobbying to responsive and effective 
congressional and executive decision-making. And these reforms will 
help strengthen the sound foundation of the Lobbying Disclosure Act and 
go a long way toward restoring the trust of the American people in our 
system of government.
  I want to respectfully point out the contributions from the other 
side, particularly the ranking member of Judiciary, Lamar Smith, in 
this endeavor, and so I urge my colleagues all to join me in supporting 
the Honest Leadership and Open Government Act.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we all deplore unethical conduct by Members of Congress 
and their staff. Each party has their fair share of examples. The 
public wants and deserves honest government. Unfortunately, this 
legislation does not bode well for this Congress' ability to deliver 
it.
  In May, this House brought up a base bill that seemed very familiar 
to Republicans because the increased disclosures required in the bill 
were largely those contained in H.R. 4975, which was introduced by 
Congressman David Dreier, and which passed the House in the last 
Congress.
  Last year's H.R. 4975 contained all of the following provisions: a 
requirement for Members to disclose post-employment negotiations with 
private entities; a prohibition on partisan influences on an outside 
entity's employment decisions; and increased quarterly electronic 
filing in a public database of lobbyist campaign contributions linked 
to Federal Election Commission filings.
  That Republican legislation also increased civil and criminal 
penalties for failures to comply; required disclosure by lobbyists of 
all past executive branch and congressional employment; and contained a 
prohibition on lobbyists' violation of House gift ban rules.
  Legislation the Democrats introduced this Congress, in the form of 
H.R. 2316, largely replicated Republican efforts from the previous 
Congress.
  At the Judiciary Committee's markup of H.R. 2316, several additional 
Republican amendments that would strengthen this bill were adopted by 
voice vote. One provided for a 1-year revolving door ban that would 
prohibit private lawyers and law firms who enter into contracts with 
congressional committees from lobbying Congress while under contract to 
such committee and for 1 year thereafter.
  That amendment by Representative Chris Cannon was adopted by voice 
vote at the committee, and was passed out of the House of 
Representatives. But it is nowhere to be found in the bill before us 
today.
  Also, in May, Democrats supported and passed two motions to recommit 
offered by Republicans that contained even more ethics reforms. Those 
reforms required lobbyists to disclose which special projects they 
lobbied for.
  If a special interest lobbyist is having closed-door meetings with 
Members of Congress regarding programs that do not benefit all 
Americans but only benefit a small group of people in one part of the 
country, then those projects should be disclosed.
  The Republican motion to recommit also closed the existing loophole 
that allows State and local government entities to give gifts and 
travel to Members and their staff that other entities cannot give. It 
makes little sense to exempt entities that operate on taxpayer dollars 
from the gift and travel ban.
  Current rules allow taxpayer-funded entities to give gifts and travel 
to Members and staff while they try to convince those same Members and 
staff to send more Federal taxpayer dollars their way. That is not 
fair, and the Republican motion to recommit, which was adopted, would 
have ended that practice.
  The Republicans' motion to recommit also contained a reverse 
revolving door provision that would have prohibited a congressional 
employee who was a registered lobbyist prior to their congressional 
employment from engaging in official business with their former private 
employer for a period of 1 year.
  The Republicans' motion to recommit also included the Republican-
amended text to H.R. 2317, which required that bundled contributions to 
political action committees, often referred to as PACs, be fully 
disclosed.
  Viewed in the harsh light of recent history, the legislation we 
consider today is a hollow shell of reform. Just listen to the 
following list of reforms that Democrats have abandoned.
  The provisions in this bill requiring the disclosure of contributions 
bundled together by lobbyists is weaker than the reforms passed in May, 
as this legislation requires the disclosure of bundled contributions 
exceeding $15,000 rather than the original $5,000.
  That means less disclosure and less accountability to the American 
people. The weakened bundling disclosure provisions in this bill do not 
even cover bundled disclosures to PACs, a reform that 33 Democrats 
supported when it was accepted as part of the Republicans' motion to 
recommit H.R. 2317, and that 158 Democrats supported when it was 
accepted as part of the Republicans' motion to recommit H.R. 2316.
  The newspaper Roll Call reported yesterday that, ``The average 
Democratic incumbent raised over 63 percent more from PACs during the 
first half of this year than during the same period in 2005.'' Could 
that be why Democrats don't want to disclose the bundled contributions 
lobbyists give to PACs?
  This bill also fails to contain the following reforms that 158 
Democrats supported in May. The length of this list defines the 
credibility chasm that now separates the Democratic Party from American 
voters.
  The provision requiring the disclosure of bundled contributions by 
political action committees? Gone.
  The provision requiring lobbyists to disclose the special projects 
they lobby for? Gone.
  The provision prohibiting State and local governments from giving 
expensive gifts and lavish travel to Members of Congress in return for 
taxpayer dollars? Gone.
  The provision prohibiting congressional employees who were lobbyists 
from engaging in official business with their former lobbyist 
employers? Gone.
  Last May, the Washington Post reported that the Democrats brought up 
their original legislation ``after scrapping most key elements of an 
ethics package meant to deliver on Democratic promises to bring 
unprecedented accountability to Congress.''
  Today, essential reforms have been thrown overboard, and the 
Democratic pledge of reform is sinking fast.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself as much time as I may 
consume.

[[Page 21905]]

  I thank my colleague for his examination of the bill. We've worked on 
this bill together. I think we're in support of it, and I hope to enjoy 
the gentleman's continued success and cooperation in the matter.
  It's very important that we understand that we are ending the pay-to-
play K Street Project which, under this bill before us, now prohibits 
Members and their staff from influencing hiring decisions of private 
organizations on the sole basis of partisan political gain.
  It subjects those who violate this provision to a fine and 
imprisonment of up to 15 years.
  We prohibit lobbyists from providing gifts or travel to Members of 
Congress who have knowledge that the gift or travel is in violation of 
the Senate or the House rules.
  We require now lobbyist disclosure filings to be filed twice as often 
by decreasing the time from filing from semiannually to quarterly.
  We require lobbyist disclosures in both the Senate and the House to 
be filed electronically and creates a public and searchable Internet 
database of such information.
  We increase civil penalties for knowing and willful violations of the 
Lobby Disclosure Act. We increase them by four times as much, from 
$50,000 to $200,000, and imposes a criminal penalty up to 5 years for 
knowing and corrupt failure to comply with the Act.
  We require the GAO to audit annually lobbyists' compliance with these 
disclosure rules and, further, require lobbyists to certify that 
they've not been given gifts or travel that would violate either Senate 
or House rules.
  We require the disclosure of businesses or organizations that 
contribute in excess of $5,000 and actively participate in lobbying 
activities by certain coalitions and associations.
  We're requiring disclosure to the Federal Election Commission when 
lobbyists bundle over $15,000 semiannually in campaign contributions 
for any federally elected official, including the Senate, the House or 
presidential, or leadership PACs.
  We require lobbyists to disclose to the Secretary of the Senate and 
the House Clerk their campaign contributions and payments to 
presidential libraries, inaugural committees or entities controlled by 
the name for or honoring Members of Congress.

                              {time}  1100

  Ladies and gentlemen, this is an extremely difficult and new way of 
controlling lobby operations. I think we are restoring the trust of the 
American people and our system of government, and I think we are living 
up to the title of this measure, honest leadership and open government.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield 5 minutes to the gentleman 
from California, the current ranking member and former chairman of the 
Rules Committee, Mr. Dreier.
  Mr. DREIER. I thank my friend for yielding, and I want to say what a 
privilege it is for me to be, as always, on the floor with the 
distinguished chairman of the Judiciary Committee, my good friend from 
Detroit (Mr. Conyers) and, of course, the ranking member of the 
Judiciary Committee, my friend from San Antonio (Mr. Smith).
  Mr. Speaker, as I listen to the distinguished Chair go through the 
litany of items that are included in this measure, I couldn't help but 
think it's virtually identical to what we passed in the last Congress. 
I know there are a number of things we came to agree upon, and so 
that's why I rise today in somewhat quiet resignation over this so-
called Honest Leadership and Open Government Act. I am not opposed to 
the bill. I am not opposed to the bill because, frankly, there is 
nothing to be opposed to.
  The bill that I sponsored that Mr. Smith referred to in the last 
Congress was repeatedly referred to by our leadership colleagues on the 
other side of the aisle as a sham. They regularly said that the items 
that frankly were just outlined by Mr. Conyers in this bill that he is 
describing, when I offered it, it was described as a sham.
  But my colleagues, unfortunately, while we were successful during the 
House consideration of the bill to bring it up to the sham level from 
its initial sub-sham status, I would argue that this bill is not much 
better overall on the substance, and it is far, far worse on the 
process, which is a big part of the responsibilities that I have.
  The new majority, as we all know, promised us open conferences, with 
meaningful participation by the minority party. What we have here is a 
willful effort to avoid a conference entirely without any participation 
by Republicans or public disclosure of the language.
  Now, the distinguished Chair of the Committee on Rules just last week 
complained to me about how the former chairman of the Ways and Means 
Committee never told his ranking member about where and when 
conferences on tax bills were meeting.
  Well, I have got to hand it to the new majority. They have come up 
with a novel answer to that problem. Don't hold conferences at all. 
That way, you aren't even bothered with having to file a conference 
report. That's right, the most open Congress in history, which is what 
we have continued to hear this one described as, has not made the text 
of its ballyhooed lobbying bill available to the public or rank-and-
file members anywhere, anywhere that we could find.
  As late as 8:30 this morning, we checked the Speaker's Web site, the 
majority leader's Web site, the Judiciary Committee's Web site, even 
Thomas. It was nowhere to be found.
  We were able, we were able, though, to get a copy of it. Guess how? 
We got it from a lobbyist. When I say that there was no participation 
by Republicans, I mean none, none whatsoever.
  As I said, I have the greatest regard for my friend from Detroit (Mr. 
Conyers) who works so ably as the chairman of the Judiciary Committee. 
I appreciate his support for my amendment that I offered on floor.
  However, you can imagine my surprise when I discovered late yesterday 
that there were changes in my amendment in the document that we have in 
front of us. Now, these changes aren't bad changes. I am not going to 
complain about the changes that were made. They probably actually 
improved the amendment; that's what the legislative process is all 
about.
  But if the majority really wanted to declare a new day and live up to 
the promises of inclusion, calling me, asking me my thoughts on the 
change might have been a step in the right direction; but apparently 
the majority just couldn't be bothered with that at all.
  There is a great deal missing from this bill that a majority of the 
House, including 138 Democrats, voted for, things like a reverse 
revolving door, requiring a lobbyist to disclose earmarks that they are 
lobbying for, and an end to the State and local governments lobbying 
loophole.
  Despite promises to the contrary, they haven't extended our earmark 
rules to cover authorizing and tax bills, which is one of the last 
things we did in this Congress. Unfortunately, we have yet to bring the 
new majority's level up to ours on dealing with that disclosure on 
authorizing and tax bills.
  As the majority pushes this bill through without any input from 
Republicans, they are responsible for its content. They are responsible 
for its content, not us.
  I mourn this missed opportunity for bipartisanship, which we continue 
to hear about on a regular basis, and, frankly, grieve the broken 
promises which, not just Republicans, but the American people have been 
subjected to.
  Mr. CONYERS. Mr. Speaker, how much time remains on each side?
  The SPEAKER pro tempore. The gentleman from Michigan has 10 minutes 
remaining. The gentleman from Texas has 9 minutes remaining.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the distinguished 
majority leader, Mr. Steny Hoyer, from Maryland.
  Mr. HOYER. I thank the distinguished chairman of the Judiciary 
Committee for yielding and thank him for his extraordinary leadership 
in bringing this bill to the floor and would allay somewhat the grief 
that is

[[Page 21906]]

felt by the former chairman of the Rules Committee, the ranking 
Republican.
  Mr. Speaker, on the one hand he says much of this bill is that which 
we passed last time offered by our friends on the minority side. If 
that is the case, we, as I understand the premise, we have adopted much 
of what you have proposed. It's hard to say that you weren't consulted 
when we have adopted what your contention is, much of what you have 
proposed. So I would hope that the grief would be allayed in that 
respect.
  Secondly, let me say this. No conference. Why no conference? Because 
a Republican Member of the United States Senate wouldn't let us go to 
conference. That's why there was no conference. He stood day after day 
after day objecting to adopting this important reform package.
  As a result, we couldn't go to conference. So you can't complain on 
the one hand we are not in conference when it is a Republican Senator 
from South Carolina who day after day, week after week, objected to 
doing just that.
  Today is a proud day for this body. Again, I congratulate my friend, 
the distinguished chairman of the Judiciary Committee, Mr. Conyers, and 
a dramatic example of how the Congress that was elected last November 
pledging to clean up the culture of corruption is making good on its 
promise.
  I will talk about that a little bit at the end in terms of rules are 
nice, but performance is better. Last January, on the first day of this 
new, Congress we enacted sweeping ethics changes. Today, with this 
Honest Leadership and Open Government Act of 2007, we have a simple, 
straightforward purpose, to continue to restore public confidence in 
the legislative process.
  I commend Chairman Conyers, as I have, for his leadership in making 
possible this comprehensive reform measure. By shining a bright light 
on the campaign contributions that registered lobbyists bundle for 
Members of Congress, the conference report before us increases 
transparency and gives the American people important insight on the 
legislative process.
  By denying Members convicted of crimes their congressional pensions, 
the conference report ensures that Members who break their oath to 
uphold the laws of the land will not only suffer public disgrace and 
criminal sanction, but also lifetime financial loss.
  There is no reason for taxpayers to subsidize criminal behavior of 
Members of Congress. Freshman Member Nancy Boyda deserves a great deal 
of credit for her work on this provision. By requiring Members engaged 
in any job negotiations to recuse themselves from any matter in which 
there is a conflict of interest, the conference report before us will 
end the practice of Members trying to cash in on the legislation they 
steer through this body.
  I don't know how many of you had the opportunity to watch ``60 
Minutes'' this past Sunday and hear the comments of Mr. Burton and Mr. 
Jones, but that is trying to address that critical problem.
  As important as this legislation and the ethics changes made in 
January are, they alone will not ensure the integrity of our process 
and this institution. Rather, the Members of this House will ensure the 
integrity of this House when we conduct ourselves openly and honestly 
and hold accountable, through a vigorous pursuit of the enforcement of 
our rules by the Ethics Committee, hold accountable those who abide, do 
not abide by the rules in the highest ethical standards.
  Thus we have an obligation to ensure that the Ethics Committee does 
the job that it was constituted to perform. It did not do so in the 
recent Congresses. The implementation of rules, while critical, must be 
followed by effective real enforcement.
  This conference report is an important step forward, and I urge my 
colleagues to support it.
  I want to thank Members on both sides of the aisle, including Mr. 
Smith, for the work that they have done through the years to bring us 
to this day and close by congratulating Mr. Conyers and the leadership 
of our Speaker in accomplishing this objective.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself 1 minute.
  First of all, I would like to thank the majority leader for 
acknowledging this bill that we considered today largely mirrors the 
Republican legislation on ethics from the last Congress. As I mentioned 
in my opening statement a few minutes ago, I went through all the 
provisions that, in fact, had been carried over from the Republican 
bill last year.
  But I would correct the majority leader in one respect, and that is 
many of the Republican reforms that were included in our motion to 
recommit which passed successfully with largely Democratic support 
earlier, all of those Republican reforms were eliminated. So this bill 
would have been much improved and much better if all the Republican 
reforms had, in fact, been included. I regret that was not the case.
  Mr. Speaker, I yield 4\1/2\ minutes to my friend and my colleague 
from Georgia (Mr. Gingrey).
  Mr. GINGREY. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise not in opposition to this bill, in fact, I plan 
to support the bill, and I think most of my colleagues will on both 
sides of the aisle, but to just say that I regret that this is an 
opportunity missed for the new Democratic majority.
  If it's all about wanting to have one more of the 6 for '06 to take 
home during the August recess and say, well, now, we have passed three 
of the six, I would say that it should only be 2.25 at the most, 
because, as my colleagues have pointed out, this reform is only about a 
fourth of what was brought to us in that first couple of weeks of the 
110th as part of the 6 for '06, six promises that were made to the 
American people that if you elect us, the Democrats, to a new majority, 
this is what we will deliver for you.
  And I will say again that this is a tremendous opportunity missed on 
behalf of the new majority. This bill just absolutely does not go far 
enough.
  Speaking to that point, I want to point out that in the bill that we 
passed in the House last year, in the 109th, when Republicans enjoyed 
majority status, I had an amendment to this bill, which I think that we 
need to have as part of the bill today. It was passed by voice vote.
  Yes, I regret, as the majority leader pointed out a minute ago, that 
the other body did not go to conference on this good sound, solid bill 
that had my amendment as a part of it. But let me point out quickly 
what that amendment says.
  Twenty years ago or more, in this Congress, a person could retire, a 
Member could retire and actually take what money they have in their 
campaign account, whether that's five figures or six figures or seven 
figures, could take that with them at retirement and convert that into 
personal gain. They could buy a Malibu beach home or a Rolls Royce car 
if they wanted to or send their children to the most expensive college 
in the Nation. Whatever they wanted to do, they could convert those 
campaign funds to personal use.
  Well, in the wisdom of the Congress, that was ended about 20 years 
ago. Just before it ended, a number of Members retired, took 
retirement, so they didn't have to forfeit that money. That was a good 
change.
  We have a situation now where a lot of Members form what are known as 
leadership PACs. Now, they don't necessarily have to be in leadership. 
I formed a PAC that I called DOCPAC and raised a little money for that 
so-called leadership PAC. But what I am talking about is the fact that 
the most powerful Members of the Congress, both in the House and the 
Senate, formed these leadership PACs. Let me give you just a couple of 
names, not Members, but members of the PAC.

                              {time}  1115

  Searchlight Leadership Fund PAC, in the other body, in the 2006 cycle 
raised $2,346,000; spent $300,000 of that money to support other 
candidates in that party, which is an appropriate use of that money. 
But $2 million of it was spent for God knows what, Mr. Speaker.

[[Page 21907]]

  Another PAC, Hill PAC raised $2,900,000.
  Keeping America's Promises, $7,750,000 raised in the 2006 election 
cycle.
  VOL-PAC, $8 million raised in the 2006 election cycle.
  There is nothing, Mr. Speaker, in the rules that says that money 
cannot be converted to personal use when these Members, some of whom 
have recently, retired or are going to retire in the near future.
  So I would think that Members on both sides of the aisle would want 
to support something like this, to say that once a Member leaves this 
body that PAC money cannot be converted to personal use.
  In conclusion, Mr. Speaker, let me say once again, I have great 
respect for the chairman of the Judiciary Committee and I am not 
opposed to the bill, and I know we have worked hard and I plan to 
support it. I am just saying the opportunity was missed. We should have 
gone much further. I hope sometime in the near future we will solve 
some of these problems like this leadership PAC issue.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank my colleagues on the other side, the gentleman from 
Georgia, and of course the ranking member, for pointing out additional 
refinements that we must continue to concern ourselves with. The 
Lobbying and Ethics Reform bill is not over with with today's work. Our 
job continues, and I will be looking forward for these constructive 
comments that they will be bringing to our attention.
  Mr. Speaker, I submit for printing in the Record a letter from the 
Campaign Legal Center and others that support this legislation, and I 
would like you to know that the organizations' authors that signed this 
are among the most watchful and effective critics of the subject of 
ethics and lobbying that we have in the country.
  The letter was signed by the U.S. PIRG, the Public Citizen, the 
League of Women Voters, Democracy 21, Common Cause, the Campaign Legal 
Center, all who have said that:
  Our organizations strongly urge you to vote for the lobbying and 
ethics reform legislation when it is considered by the House on the 
Suspension Calendar.
  The legislation being presented to the House constitutes landmark 
reform of the Nation's lobbying disclosure laws and landmark reform of 
the Senate ethics rules. It is designed to help address the worst 
congressional corruption scandals in 30 years that were revealed during 
the last Congress.
  Under the legislation, for the first time citizens will be provided 
with a wealth of information about the multiple ways in which lobbyists 
and lobbyist organizations provide financial support to assist Members. 
For the first time, candidate campaign committees, leadership PACs, and 
political party committees will be required to disclose the bundled 
contributions raised for them by lobbyists and lobbying organizations. 
The legislation also includes fundamental reforms of the Senate ethics 
rules very similar to the landmark House ethic reforms adopted at the 
beginning of the year.

                                                    July 30, 2007.
     Re Vote for the lobbying and ethics reform bill.
       Dear Representative: Our organizations strongly urge you to 
     vote for the lobbying and ethics reform legislation when it 
     is considered by the House on the suspension calendar.
       The organizations include the Campaign Legal Center, Common 
     Cause, Democracy 21, the League of Women Voters, Public 
     Citizen and U.S. PIRG.
       The legislation being presented to the House constitutes 
     landmark reform of the nation's lobbying disclosure laws and 
     landmark reform of the Senate ethics rules. It is designed to 
     help address the worst congressional corruption scandals in 
     30 years that were revealed during the last Congress.
       Under the legislation, for the first time citizens will be 
     provided with a wealth of information about the multiple ways 
     in which lobbyists and lobbying organizations provide 
     financial support to assist Members. For the first time, 
     candidate campaign committees, leadership PACs and political 
     party committees will be required to disclose the ``bundled'' 
     contributions raised for them by lobbyists and lobbying 
     organizations.
       The legislation also includes fundamental reforms of the 
     Senate ethics rules very similar to the landmark House ethics 
     reforms adopted at the beginning of the year.
       The process being used in the House to vote on this 
     legislation is the result of a Republican Senator, Jim DeMint 
     (R-SC), blocking the House and Senate from going to 
     conference on the lobbying and ethics reforms and bringing a 
     conference report to the House and Senate floors for an up-
     or-down vote. There is absolutely no basis for a House member 
     to vote against this legislation on process or substance 
     grounds.
       A vote against this legislation is a vote against landmark 
     lobbying and ethics reforms.
       Our organizations strongly urge you to vote for the 
     lobbying and ethics legislation when it comes to the House 
     floor for a vote.
       Campaign Legal Center.
       Common Cause.
       Democracy 21.
       League of Women Voters.
       Public Citizen.
       U.S. PIRG.

  And, ladies and gentlemen of the House, these organizations and their 
representatives followed the work of the House and the Judiciary 
Committee very carefully, and frequently made important recommendations 
which we were pleased to incorporate in the final legislation that is 
before the House today. They have done an excellent job in helping us 
bring lobbying and ethics before the House, and I have no doubt that 
they will continue to monitor our success in the measure today, and 
what needs to be done.
  This is not closing down a chapter on a subject matter. Indeed, it 
will be a continuing responsibility of the Committee on the Judiciary 
to make sure that what we have put into law is not only effective and 
works but that it is enforced as well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I would inquire how much time 
remains for each side.
  The SPEAKER pro tempore. The gentleman from Texas has 4 minutes 
remaining, and the gentleman from Michigan has 5\1/2\ minutes 
remaining.
  Mr. SMITH of Texas. Mr. Speaker, I yield the balance of my time to my 
friend and colleague from Illinois (Mr. Kirk).
  Mr. KIRK. I thank the gentleman.
  I would say, to correct the record, this bill does include violations 
of 18 U.S.C. 219, acting as a foreign principal.
  There are several reforms in this measure, but what is most 
surprising are the reforms which are not in this measure, reforms which 
both Speaker Pelosi and Speaker Hastert supported.
  Under this legislation, a Member of Congress convicted of income tax 
evasion would still have a full right to his Federal pension. Under 
this legislation, a Member of Congress convicted of interstate and 
foreign travel or transportation in the aid of racketeering enterprises 
is fully able to have a pension. In fact, there are other felonies, all 
of which we included in previous reform measures which are were dropped 
from this reform measure.
  A Member can get a full Federal pension if they commit fraud by wire, 
radio, or television.
  A Member can get a full pension if they are caught and convicted of 
influencing or injuring an officer or juror.
  A Member can get a full pension for intimidation to secure political 
contributions, or for the promise of appointment of a candidate.
  Under this legislation, a Member can get a full taxpayer pension if 
they make expenditures to influence voting.
  In fact, previous reform legislation which Speakers Pelosi and 
Hastert both supported included 21 separate felonies which would kill 
the pension for a Member of Congress convicted of a felony. But this 
legislation only includes four. It only includes four.
  Now, the way that this happened is instructive. There was no 
amendment to this legislation allowed in the House of Representatives, 
because an amendment adding all of these felonies would have carried 
the day, as it carried in the past. Of course, there was no conference 
on this bill either.
  So, a very limited set of reforms, including only four felonies, has 
gone forward, and the longer list of 21 separate public integrity 
felonies listed by the Department of Justice has not been included as 
it was in previous reform measures.

[[Page 21908]]

  I would simply say to the House that a Member of Congress convicted 
of income tax evasion should not get a taxpayer-funded pension. But 
that reform was left out.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I rise only to advise my colleague that 
starting at page 51 on our bill, we have so many felonies that are 
listed that they run for three pages. And I don't have the time to go 
through them today, but some of them are the ones that the gentleman 
mentioned.
  Mr. KIRK. The gentleman is the author of amendment; if he will yield. 
If a Member is convicted of income tax evasion under this legislation, 
is the pension canceled?
  Mr. CONYERS. I don't see it here.
  Mr. KIRK. I would simply suggest to the House, the author should know 
the answer to this question.
  Mr. CONYERS. The answer is, it is not included in here.
  Mr. KIRK. As are 17 other felonies.
  Mr. CONYERS. But every other one is. So I just wanted to refer the 
distinguished gentleman to the numbers of pages of felonies that are 
included in here, and I thank him for the one that concerns him mostly.
  I am going to conclude my remarks by thanking all of my colleagues 
who have put time in on this matter. I want to thank the ranking member 
and the leadership on both sides of the aisle.
  We have a major accomplishment on our hands. What we need to do is to 
continue to follow through on implementing and improving anything in 
this measure that anybody would like to bring to our attention. But 
what we are doing is finally ending the cynical business as usual 
environment where big business and special interests dominate the 
legislative process to the detriment of the public interests. That is 
what all of these months and continuing wrangling and what our good 
government groups have been looking at and criticizing us for far too 
frequently is now being corrected.
  This is a measure that every Member in the Congress can be proud of 
and support fully. A vote for this measure is a vote to end the culture 
of corruption. The time for S. 1 is now, and I accordingly urge my 
colleagues to support the measure.
  Mr. Speaker, Section 213 provides that Congress will receive annual 
reports regarding the extent to which lobbyists, lobbying firms and 
other registrants are complying with the amended Lobbying Disclosure 
Act.
  Under Section 213(a), the Comptroller General will annually review 
random samples of publicly-available registrations and reports filed by 
lobbyists, lobbying firms, and registrants and evaluate compliance by 
those individuals and entities with the Act. The use of the term 
``publicly available'' in Section 213(a) is designed to ensure that the 
registrations and reports that the Comptroller General samples are the 
same registration and reports that are available to the public. 
Furthermore, the term ``publicly available'' also requires the 
Comptroller General to obtain copies of the registration and reports 
from the same public websites and in the same manner as the public 
obtains that information. This will better ensure that the information 
evaluated by the Comptroller General will be identical to the 
information the public obtains. Accordingly, Section 213 does not 
authorize the Comptroller General to request information from the Clerk 
of the House of Representatives or the Secretary of the Senate, except 
pursuant to the same methods and procedures by which the public 
requests or obtains such information. Section 213 therefore does not 
authorize the Comptroller General to audit, investigate or review the 
Clerk's and/or Secretary's compliance with the Act, or their receipt, 
compilation, or dissemination, and/or review of information filed under 
the Act.
  The Comptroller General is expected to use appropriate judgment in 
assessing the size of the random sample and the manner of identifying 
the sample. The Comptroller General should ensure that the size and 
manner of its random sampling are designed to ensure that the sample 
adequately represents a fair and complete cross-section of all 
registrations and reports filed pursuant to the Act.
  Section 213(b) provides that the Comptroller General will submit 
annual reports by each April 1 to the Congress identifying the results 
of its analyses of the random samples, and also providing 
recommendations to the Congress to improve compliance with the Act by 
lobbyists, lobbying firms, and registrants. The reports shall also 
assess whether and to what extent the Department of Justice has 
sufficient resources and statutory authority to enforce the Act and, if 
not, recommendations regarding what specific resources or authorities 
Congress should provide to the Department of Justice. In complying with 
this Section, it is expected that the Comptroller General will consult 
with the Department of Justice.
  Section 213(c) provides the Comptroller General with the tools 
necessary to evaluate whether the information included by lobbyists, 
lobbying firms and registrants in the reports filed under this Act is 
accurate and complete, and thus whether these individuals and entities 
are complying with the Act. This subsection thus authorizes the 
Comptroller General to request and receive information from lobbyists, 
lobbying firms and registrants (and their employees). The information 
the Comptroller General may request from lobbyists, lobbying firms and 
registrants is broad and need only relate to the purposes of the Act. 
In other words, the Comptroller General is expected to request 
sufficient documentation from lobbyists, lobbying firms and registrants 
to fully evaluate whether the information contained on the 
registrations and reports filed by the lobbyists, lobbying firms and 
registrants is accurate and complete. This will often necessarily 
entail more information from the lobbyists, lobbying firms and 
registrants than is contained within the reports.
  Section 301 prohibits House Members from engaging in any agreements 
or negotiations with regard to future employment or salary until his or 
her successor has been selected unless he or she, within 3 business 
days after the commencement of such negotiations or agreements, files a 
signed statement disclosing the nature of such negotiations or 
agreements, the name of the private entity or entities involved, and 
the date such negotiations commenced with the Committee on Standards of 
Official Conduct. It requires senior staff to notify the Committee on 
Standards of Official Conduct within 3 days if they engage in 
negotiations or agreements for future employment or compensation. The 
prospective employment or compensation negotiations or agreements in 
Section 301 are intended to refer only to those conducted with a 
private entity or private entities. Additionally, the negotiations and 
agreements referenced are intended to refer to actual bargaining over 
the terms of possible employment.
  Section 305 provides that Members shall be prohibited from attending 
national political convention parties that are held in their honor if 
such parties have been paid for by a lobbyist, or an entity that 
employs lobbyists, unless the Member is the party's presidential or 
vice presidential nominee. This provision will have the effect of 
preventing lobbyists or an entity employing such lobbyists from 
directly paying for a party to honor a specific Member.
  Ms. McCOLLUM of Minnesota. Mr. Speaker, I rise in support of the 
Honest Leadership Open Government Act and commend Speaker Pelosi and 
Chairman Conyers for their work to take this important step to restore 
accountability to Washington and implement this much-needed reform.
  S. 1 puts the priorities of American families before special 
interests, bringing real transparency to lobbyists' activities by 
doubling the frequency of lobbyists' reporting and establishing a 
searchable public database of this disclosure information. It also 
requires Members of Congress to disclose job negotiations for post-
Congressional employment and creates a public database online of Member 
travel and financial disclosure forms. Further, the Honest Leadership 
Open Government Act prohibits Members convicted of certain felonies 
from receiving a congressional pension.
  In the first 100 hours of the 110th Congress, we passed new House 
Rules imposing the toughest ethics standards ever. These rules banned 
gifts, meals and trips paid for by lobbyists. Today, the House takes 
the next step in voting on this final House-Senate agreement on ethics 
and lobby reform.
  S. 1 has the support of a wide range of organizations working to 
increase openness and honesty in government. I would like to include 
for the Record a letter from several major groups including Common 
Cause, League of Women Voters, and Public Citizen, expressing their 
support for this bill.
  These important reforms cannot be delayed any longer. The Democratic 
Congress will send this tough lobbying reform bill to the President's 
desk. I urge him to listen to the American public and sign this bill 
into law.
  Mr. BISHOP of New York. Mr. Speaker, I rise in strong support of the 
conference report and commend the leadership as well as my colleagues 
involved in negotiating this landmark agreement.
  Referring to the House of Representatives, Alexander Hamilton once 
said, ``Here, sir, the

[[Page 21909]]

people govern.'' Today, that quotation no longer rings hollow.
  The people are once again in charge of the people's House with this 
legislation. We followed through with our campaign promise by restoring 
integrity, transparency, and accountability in the way we do the 
people's business.
  Members of Congress, lobbyists, and special interests will share the 
responsibility to disclose information that sheds light on how the 
influence of money in politics shapes the outcome of legislation.
  In particular, I am proud to support transparency in reporting 
``bundled'' campaign contributions, as championed by the gentleman from 
Maryland (Mr. Van Hollen), of whose legislation I am an original 
cosponsor.
  This agreement will help avert corruption and back-room dealmaking 
that undermines this institution and the faith our constituents have in 
the way we do business.
  Mr. Speaker, I encourage all of my colleagues to support this 
conference agreement.
  Mr. ETHERIDGE. Mr. Speaker, I rise in support of S. 1, the Honest 
Leadership, Open Government Act of 2007. I urge my colleagues to join 
me in voting in favor of it to clean up the culture of corruption in 
Washington.
  The first order of business in the 110th Congress has been to restore 
honesty and integrity to the U.S. House of Representatives. On the 
first day of the new Congress, we imposed tough new rules on Members of 
Congress to ban gifts from lobbyists, end the abuses connected to 
lobbyist-funded congressional travel, require full transparency and end 
the abuse of special interest earmarks, to ensure this Congress upholds 
the highest ethical standards.
  S. 1 will now bring unprecedented transparency and accountability to 
lobbyists' activities. For the first time, lobbyists who collect 
campaign checks for Members of Congress must report this practice. 
Members of Congress will also be required to disclose if more than 
$15,000 in campaign contributions was collected on his or her behalf by 
a lobbyist. Lobbyists will be required to disclose contributions to 
Members' charities, events honoring Members, contributions intended to 
pay the cost of a meeting and contributions to Presidential Library 
Funds.
  Lobbyists will now be required to file disclosure reports quarterly 
rather than semi-annually. The bill will establish an online, 
searchable public database of these lobbyist disclosure reports. In 
addition, this legislation increases criminal and civil penalties for 
violating the Lobby Disclose Act to $200,000 and five years in prison.
  We have added additional restrictions on Members of Congress by 
requiring sitting Members to disclose job negotiations for post-
Congressional employment and to recuse themselves if there is a 
conflict of interest. We will also establish an online, searchable 
public database of Members' travel and personal financial disclosure 
forms.
  The ongoing corruption scandals in the U.S. House and Senate anger me 
because they threaten the bonds between the American people and their 
elected leaders. Therefore, I am very pleased that this bill denies 
pension benefits to those Members of Congress convicted of corruption 
while serving the American people. I have always believed that public 
office is a public trust, and I work every day to live up to the trust 
the people of North Carolina's Second Congressional District have 
placed in me.
  I urge my colleagues to vote for a new direction and to support 
honest leadership and an open government.
  Mrs. MALONEY of New York. Mr. Speaker, I rise today in strong support 
of S. 1, the Honest Leadership, Open Government Act.
  As the scandals of the past few years have made clear, it is time to 
change the way that business is conducted in Washington. The 
legislation before us today will implement several necessary reforms 
including new transparency for lobbyists who bundle campaign 
contributions, ending the K Street Project, expanding public disclosure 
of Members' travel and finances, and closing the revolving door between 
the legislative branch and post-employment lobbying.
  S. 1 is supported by Common Cause, Democracy 21, Public Citizen, 
League of Women Voters, U.S. PIRG, and Campaign Legal Center.
  I hope that this bill will help to restore the American people's 
confidence in their government. I want to commend Speaker Pelosi and 
the Democratic Leadership for their commitment to getting this 
legislation through Congress.
  I urge my colleagues to support this legislation.
  Mr. LOEBSACK. Mr. Speaker, I rise today in support of the Honest 
Leadership and Open Government Act.
  As a freshman Member of this body, I believe it is critical that we 
restore the people's faith in the People's House.
  This bill will bring transparency to lobbyists' activities and the 
relationship between Members of Congress and those who seek to 
influence us.
  It is one in a series of steps we must take to change the status quo 
in Washington.
  Greater transparency, a willingness to change the way we do business, 
and adequate oversight are all essential elements of the reforms we 
have a responsibility to enact.
  The priorities of Iowa's Second District are my priorities as a 
Member of Congress. This bill is a step toward assuring my 
constituents, and all American citizens, that the House of 
Representatives remains in their hands.
  Mr. BLUMENAUER. Mr. Speaker, I am proud to support this bill, as I 
have proudly supported each of this Democratic majority's initiatives 
to strengthen lobbying and ethics reform in Washington.
  In the current political climate it is increasingly clear that 
Congress must serve as an example for the Federal Government. With this 
bill's passage, Americans can be confident that their representatives 
in Congress will be held to an ever-higher standard of conduct.
  This bill closes the most abused loopholes by banning lobbyist-funded 
gifts and travel, reforming congressional earmarks, and by prohibiting 
Members from influencing outside hiring decisions for partisan gain. It 
also addresses the larger issues of reform by requiring public 
disclosure of bundled campaign contributions and lobbyist activity. And 
if that isn't enough, this bill also increases the punishment for 
Members and lobbyists who break the law.
  It's clear this bill raises the bar for congressional conduct. I look 
forward to its passage and to the creation of a more open government.
  Mr. VAN HOLLEN. Mr. Speaker, I rise today in support of S.1, the 
Honest Leadership, Open Government Act of 2007. S.1 contains the 
contents of an agreement between the House and the Senate in the 
reconciliation of provisions between the respective bills of these 
institutions to impose the highest standards of ethics reform on the 
House and the Senate and to restrict the influence of special interests 
and lobbyists. The American people spoke loud and clear in their demand 
for change on Capitol Hill. They conveyed a very strong message that an 
environment that accommodated Duke Cunningham and Jack Abramoff was 
unacceptable and that the culture of corruption must stop. As a result 
I urge the House to adopt this measure. This Conference agreement 
between the House and Senate contains some of the following provisions:
  Bans lavish convention parties--prohibits Members of Congress from 
attending national political convention parties held in their honor and 
paid for by lobbyists or their clients.
  Creates new transparency for lobbyist political campaign fund 
activity and other financial contributions--requires disclosure when 
lobbyists bundle campaign contributions for any federal elected 
official, candidate or leadership PAC; and requires lobbyists to detail 
their own campaign contributions, and payments to Presidential 
libraries, Inaugural Committees or entities controlled by or named for 
Members of Congress.
  Ends K-Street Project--Prohibits Members of Congress and their staff 
from attempting to influence employment decisions in exchange for 
political access.
  Imposes restrictions on corporate flights--requires Senators, Senate 
candidates and Presidential candidates to pay charter rates for trips 
on private planes; bars House candidates from accepting trips on 
private planes.
  Expands public disclosure of lobbyist activities--requires lobbyists 
to file reports on their lobbying twice as often each year, and for the 
first time to file them electronically in a public, searchable 
database; and increases civil and criminal penalties for knowingly 
violating lobbying disclosure rules.
  Creates Congressional Pension Accountability--Denies Congressional 
retirement benefits to Members of Congress who are convicted of 
bribery, perjury and other similar crimes.


                    BUNDLING CAMPAIGN CONTRIBUTIONS

  This bill also contains a provision that creates greater transparency 
at the intersection of campaign contributions and public policy. While 
existing campaign finance laws place limits on campaign contribution 
amounts, individuals that want to exceed the limits may do so by 
pulling together the contributions of third parties. This practice is 
known as ``bundling''. In and of itself, there is nothing wrong with 
this practice of aggregating the contributions of others. However, when 
the bundling of contributions is done by someone who lobbies on

[[Page 21910]]

behalf of a particular interest, this practice enables the lobbyist to 
enhance his or her stature with an official. This enhancement increases 
their opportunity to advance the cause of a special interest.
  In order to guard against the use of this practice to exert an undue 
influence over public policy, I believe that we need to inject 
transparency into this process. Last year I introduced a bill to 
require that lobbyists disclose their bundling of campaign 
contributions on lobbying disclosure forms that are required under 
existing law in accordance with the Lobbying Disclosure Act of 1995. 
While this bill was added to the lobbying reform bill by overwhelming 
support on a vote of 28 to 4 in the House Judiciary Committee, it was 
stripped from the larger bill by the Republican leadership in the dead 
of the night. Ultimately, the underlying reform bill failed to pass the 
Congress.
  After the voters elected a Democratic House majority, in November of 
2006 with a strong message of reform, I introduced a bill this year, 
H.R. 633. This bill required that lobbyists disclose the contributions 
that they bundle on behalf of a candidate. After a series of 
clarifications were made to the bill, it was reintroduced as H.R. 2317. 
This bill required that registered lobbyists disclose the contributions 
that they bundle for a candidate that are equal to or exceed $5,000 on 
a quarterly basis. ``Bundling'' was defined as the physical aggregation 
of contributions by a lobbyist or by attribution to a lobbyist for 
contributions received from other sources regardless the means of 
transmission. This bill passed the House on May 24, 2007 382/37 and was 
added to the Honest Leadership, Open Government Act of 2007 by a vote 
of 346 to 71 on the same day.
  Since the House passage of the bill, the House and Senate have been 
reconciling the differences between their respective bills. The Senate 
proposed on changing the bundling disclosure requirement by shifting 
the onus from the lobbyist to the candidate to disclose the receipt of 
contributions within reports already required under the Federal 
Election Campaign Act of 1971. The FEC disclosure would reflect bundled 
contributions from lobbyists that exceed $15,000 on a semi annual 
basis. The House receded to the Senate's demands under the condition 
that the reporting shift, from the Lobbying Disclosure Act to the 
Federal Election Campaign Act, would not compromise or diminish the 
transparency of the bundled contributions provided by a lobbyist and 
hence, not reduce the availability of the information to the American 
public.
  The reporting requirements in this bundling disclosure requirement 
apply to ``bundled contributions'' that have been made to the following 
covered entities: a candidate, political committees, party committees 
and Leadership PACs and Members who control Leadership PACs, and their 
agents.
  Subparagraph (i) defines a ``bundled contribution'' as any 
contribution that is ``forwarded'' by a lobbyist, or the agent of the 
lobbyist, to a covered entity. This includes all instances where a 
lobbyist transfers or otherwise delivers or forwards contributions to a 
covered entity. It includes the transfer regardless of whether the 
transfer occurs in conjunction with a fundraising event or in the 
absence of such an event.
  Subparagraph (ii) is intended to capture bundling activity where the 
contributions may have been solicited in the aggregate by a lobbyist 
but where the contributions may have been provided at different times 
and/or transferred from the contributor or a party other than the 
lobbyist but is ultimately ``credited'' to the lobbyist. The ``credit'' 
that the lobbyist receives can be recorded through designations or 
other means of recognizing that a ``certain amount of money'' has been 
``raised'' by the lobbyist. However, the credit that is attributed to 
the lobbyist does not need to be memorialized in writing or captured 
within a database or any other contribution tracking system to trigger 
the reporting requirement. Moreover, the recognition that bundled 
contribution is attributed to a lobbyist does not need to be 
communicated back to the lobbyist; it merely means that a covered 
entity attributes the contribution to the lobbyist.
  The term ``a certain amount of money'' means that the covered entity 
has information that a dollar amount has been raised by 
the lobbyist who is credited with raising the money. The term does not 
require that the candidate or other covered entity knows the total 
amount raised by the lobbyist or that the lobbyist has reached the 
threshold amount for reporting.
  Subsection (5) requires the FEC to promulgate regulations 
implementing this disclosure requirement but prohibits the Commission 
from exempting from the disclosure requirement any lobbyist on the 
grounds that the lobbyist is authorized by the committee to engage in 
fundraising ``or any other similar grounds.'' Moreover, this subsection 
explicitly prohibits the Commission from issuing a regulation to make 
this, or any similar grounds, the basis for an exception for the 
fundraising activities of certain lobbyists from the bundling 
disclosure requirement.
  Finally, it must be noted that this provision is not designed to 
prohibit any action by a lobbyist. The purpose of this provision is to 
require disclosure. Therefore, I trust that the Commission, in its 
regulations, will strive to maximize the disclosure of contributions 
that have been bundled by lobbyists. This will bring much needed 
sunlight to the intersection of bundling and public polity and 
hopefully, will serve as a ``disinfectant'' to clean up any undue 
influence brought to bear by the use of third party contributions by 
lobbyists.
  Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the Senate bill, S. 1, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CONYERS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on suspending the rules on S. 1 will be followed by 5-
minute votes on suspending the rules on H.R. 180; and suspending the 
rules on H.R. 2347.
  The vote was taken by electronic device, and there were--yeas 411, 
nays 8, not voting 13, as follows:

                             [Roll No. 763]

                               YEAS--411

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
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     Miller, Gary
     Miller, George

[[Page 21911]]


     Mitchell
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                                NAYS--8

     Abercrombie
     Barton (TX)
     Boyd (FL)
     Clay
     Cleaver
     Flake
     Murtha
     Tanner

                             NOT VOTING--13

     Brown-Waite, Ginny
     Clarke
     Cubin
     Davis, Jo Ann
     Gilchrest
     Hayes
     Johnson (IL)
     Johnson, Sam
     LaHood
     McNulty
     Ros-Lehtinen
     Sutton
     Tancredo

                              {time}  1157

  Mr. BARTON of Texas changed his vote from ``yea'' to ``nay.''
  Mr. CROWLEY and Mr. MEEKS of New York changed their vote from ``nay'' 
to ``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the Senate bill, as amended, was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Ms. SUTTON. Mr. Speaker, on rollcal No. 763, relating to the Honest 
Leadership and Open Government Act, I was unavoidably detained. Had I 
been present, I would have voted ``yea.''

                          ____________________