S.Amdt. 2612

1. Rewrites section 544

   Replaces

   In S. 1 · Engrossed Amendment House

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

   Inserted: (c) Limited Flight Exception.--

   ([struck: a][inserted: 1]) [struck: Prohibition][inserted: In general].--Paragraph [struck: 2][inserted: 1] of rule XXXV of the Standing Rules of the Senate is amended[struck: --][inserted: by adding at the end the following:]

   Struck: (1) in subparagraph (a)(1), by--

   Struck: (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";

   Struck: (B) striking the dash and inserting "complies with the requirements of this paragraph."; and

   Struck: (C) striking clauses (A) and (B);

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   Struck: (2) by redesignating subparagraph (a)(2) as subparagraph (a)(3) and adding after subparagraph (a)(1) the following:

   Struck: "(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--

   Struck: "(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

   Struck: "(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.

   Struck: "(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.";

   Struck: (3) in subparagraph (a)(3), as redesignated, by striking "clause (1)" and inserting "clauses (1) and (2)";

   Struck: (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.";

   Struck: (5) in subparagraph (c)--

   Struck: (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.";

   Struck: (B) by striking "subparagraph (a)(1)" and inserting "this subparagraph";

   Struck: (C) in clause (5), by striking "and" after the semicolon;

   Struck: (D) by redesignating clause (6) as clause (7); and

   Struck: (E) by inserting after clause (5) the following:

   Struck: "(6) a description of meetings and events attended; and";

   Struck: (6) by redesignating subparagraphs (d) and (e) as subparagraphs (f) and (g), respectively;

   Struck: (7) by adding after subparagraph (c) the following:

   Struck: "(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--

   Struck: "(A) planned, organized, or arranged by or at the request of a registered lobbyist or agent of a foreign principal; or

   Struck: "(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

   Struck: "(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.

   Struck: "(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.

   Struck: "(e) A Member, officer, or employee shall, before accepting travel otherwise permissible under this paragraph from any source--

   Struck: "(1) provide to the Select Committee on Ethics a written certification from such source that--

   Struck: "(A) the trip will not be financed in any part by a registered lobbyist or agent of a foreign principal;

   Struck: "(B) the source either--

   Struck: "(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

   Struck: "(ii) certifies that the trip meets the requirements of subclause (i) or (ii) of subparagraph (a)(2)(A);

   Struck: "(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

   Struck: "(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

   Struck: "(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

   Struck: (8) by striking subparagraph (g), as redesignated, and inserting the following:

   Struck: "(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.".

   Struck: (b) Guidelines.--

   Struck: (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--

   Struck: (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--

   Struck: (i) the stated mission of the organization sponsoring the trip;

   Struck: (ii) the organization's prior history of sponsoring congressional trips, if any;

   Struck: (iii) other educational activities performed by the organization besides sponsoring congressional trips;

   Struck: (iv) whether any trips previously sponsored by the organization led to an investigation by the Select Committee on Ethics;

   Struck: (v) whether the length of the trip and the itinerary is consistent with the official purpose of the trip;

   Struck: (vi) whether there is an adequate connection between a trip and official duties;

   Struck: (vii) the reasonableness of an amount spent by a sponsor of the trip;

   Struck: (viii) whether there is a direct and immediate relationship between a source of funding and an event; and

   Struck: (ix) any other factor deemed relevant by the Select Committee on Ethics; and

   Struck: (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.

   Struck: (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.

   Struck: (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.

   Struck: (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.

   Struck: (c) Reimbursement for Noncommercial Air Travel.--

   Struck: (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:

   Struck: "(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.

   Struck: "(ii) A flight on an aircraft described in this item is any flight on an aircraft that is not--

   Struck: "(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

   Struck: "(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.

   Struck: "(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.".

   Struck: (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:

   Struck: "(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.".

   Struck: (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.

   Struck: (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.

   Struck: (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.

   Inserted: "(h) For purposes of subparagraph (c)(1) and rule XXXVIII, if there is not more than 1 regularly scheduled flight daily from a point in a Member's State to another point within that Member's State, the Select Committee on Ethics may provide a waiver to the requirements in subparagraph (c)(1) (except in those cases where regular air service is not available between 2 cities) if--

   Inserted: "(1) there is no appearance of or actual conflict of interest; and

   Inserted: "(2) the Member has the trip approved by the committee at a rate determined by the committee.

   Inserted: In determining rates under clause (2), the committee may consider Ethics Committee Interpretive Ruling 412.".

   Inserted: (2) Disclosure.--

   Inserted: (A) Rules.--Paragraph 2 of rule XXXV of the Standing Rules of the Senate is amended by adding at the end the following:

   Inserted: "(g) A Member, officer, or employee of the Senate shall--

   Inserted: "(1) disclose a flight on an aircraft that is not licensed by the Federal Aviation Administration to operate for compensation or hire, excluding a flight on an aircraft owned, operated, or leased by a governmental entity, taken in connection with the duties of the Member, officer, or employee as an officeholder or Senate officer or employee; and

   Inserted: "(2) with respect to the flight, file a report with the Secretary of the Senate, including the date, destination, and owner or lessee of the aircraft, the purpose of the trip, and the persons on the trip, except for any person flying the aircraft.

   Inserted: This subparagraph shall apply to flights approved under paragraph 1(h).".

   Inserted: (B) FECA.--Section 304(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)) is amended--

   Inserted: (i) by striking "and" at the end of paragraph (7);

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   Inserted: (ii) by striking the period at the end of paragraph (8) and inserting "; and"; and

   Inserted: (iii) by adding at the end the following:

   Inserted: "(9) in the case of a principal campaign committee of a candidate (other than a candidate for election to the office of President or Vice President), any flight taken by the candidate (other than a flight designated to transport the President, Vice President, or a candidate for election to the office of President or Vice President) during the reporting period on an aircraft that is not licensed by the Federal Aviation Administration to operate for compensation or hire, together with the following information:

   Inserted: "(A) The date of the flight.

   Inserted: "(B) The destination of the flight.

   Inserted: "(C) The owner or lessee of the aircraft.

   Inserted: "(D) The purpose of the flight.

   Inserted: "(E) The persons on the flight, except for any person flying the aircraft.".

   Inserted: (C) Public availability.--Paragraph 2(e) of rule XXXV of the Standing Rules of the Senate is amended to read as follows:

   Inserted: "(e) The Secretary of the Senate shall make available to the public all disclosures filed pursuant to subparagraphs (f) and (g) as soon as possible after they are received and such matters shall be posted on the Member's official website but no later than 30 days after the trip or flight.".

   Inserted: (D) Repeal.--Section 601 of this Act shall be null and void.

   Original wording

   Strike section 544 (c) of the amendment and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed