S.Amdt. 1502

1. Adds TITLE __--CLOSE THE REVOLVING DOOR ACT OF 2012 at the end of the bill

   Adds a title

   In S. 2038 · Placed on Calendar Senate

   (f) Rule of Construction.--Nothing in this section shall be construed to be in derogation of existing laws, regulations, or ethical obligations of Federal employees.

   Inserted: TITLE __--CLOSE THE REVOLVING DOOR ACT OF 2012

   Inserted: SEC. 1. SHORT TITLE.

   Inserted: This title may be cited as the "Close the Revolving Door Act of 2012".

   Inserted: SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING.

   Inserted: (a) In General.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows:

   Inserted: "(1) Members of congress.--Any person who is a Senator, a Member of the House of Representatives or an elected officer of the Senate or the House of Representatives and who 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, Member, or elected official 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.".

   Inserted: (b) Conforming Amendment.--Section 207(e)(2) of title 18, United States Code, is amended--

   Inserted: (1) in the caption, by striking "Officers and staff" and inserting "Staff"; and

   Inserted: (2) by striking "an elected officer of the Senate, or".

   Inserted: (c) Effective Date.--The amendments made by this section shall apply to Members of Congress serving in Congress on or after the date of enactment of this Act.

   Inserted: SEC. 3. CONGRESSIONAL STAFF.

   Inserted: (a) In General.--section 207(e) of title 18, United States Code, is amended--

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   Inserted: (1) in paragraph (2), by inserting at the end the following: "A person described in this paragraph shall be prohibited for 6 years from making any such contact or appearance before the personal office or member of Congress that had employed the person.";

   Inserted: (2) in paragraph (3), by inserting at the end the following: "A person described in this paragraph shall be prohibited for 6 years from making any such contact or appearance before the personal office or member of Congress that had employed the person.";

   Inserted: (3) by striking paragraph (4) and inserting the following:

   Inserted: "(4) Any person who is an employee of a committee of the House of Representatives or the Senate, or an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives or the Senate, to whom paragraph (7)(A) applies and who, within 1 year after the termination of that person's employment on such committee or joint committee (as the case may be), knowingly makes, with the intent to influence, any communication to or appearance before any person who is a Member or an employee of that committee or joint committee (as the case may be) or who was a Member of the committee or joint committee (as the case may be) in the year immediately prior to the termination of such person's employment by the committee or joint committee (as the case may be), on behalf of any other person (except the United States) in connection with any matter on which such former employee 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. A person described in this paragraph shall be prohibited for 6 years from making any such contact or appearance before the majority or minority staff of that committee, the chairman or ranking member of the committee during that person's employment, or any personal office or Member of Congress that had been a member of that committee during the person's employment with the committee."; and

   Inserted: (4) in paragraph (6)(A), by striking "1 year" and inserting "6 years".

   Inserted: (b) Effective Date.--The amendments made by this section shall apply to individuals employed by Congress on or after the date of enactment of this Act.

   Inserted: SEC. 4. IMPROVED REPORTING OF LOBBYISTS ACTIVITIES.

   Inserted: Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting at the end the following:

   Inserted: "(c) Joint Web Site.--The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage.".

   Inserted: SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS.

   Inserted: (a) In General.--Any person who is a registered lobbyist or an agent of a foreign principal may not within 6 years after that person leaves such position be hired by a Member or committee of either House of Congress with whom the registered lobbyist or an agent of a foreign principal has had substantial lobbying contact.

   Inserted: (b) Waiver.--This section may be waived in the Senate or the House of Representatives by the Committee on Ethics or the Committee on Standards of Official Conduct based on a compelling national need.

   Inserted: (c) Substantial Lobbying Contact.--For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, the Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of Federal funding, particularly if such contacts included the coordination of meetings with the Member or staff, involved presentations to staff, or participation in fundraising exceeding the mere giving of a personal contribution. Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts.

   Inserted: SEC. 6. PAYMENT FOR CHARTER FLIGHTS BY CAMPAIGN FUNDS AND DISCLOSURE OF CERTAIN AIR TRAVEL WITH A LOBBYIST BY A SENATOR.

   Inserted: (a) Clarification of Rules on Use of Campaign Funds for Flights on Commercial Aircraft.--

   Inserted: (1) In general.--Paragraph (1) of section 313(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(c)) is amended--

   Inserted: (A) by striking "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" in the matter preceding subparagraph (A) and inserting "in the case of a candidate for election to Federal office (other than a candidate who is subject to paragraph (2)), no political committee may make any expenditure for travel by such a candidate, or for travel on behalf of such a candidate, by means of a flight on an aircraft (regardless of whether such travel is in connection with an election for Federal office)", and

   Inserted: (B) by striking "candidate, the authorized committee, or other" in subparagraph (B).

   Inserted: (2) Effective date.--The amendment made by this subsection shall apply to flights taken on or after the date of the enactment of this Act.

   Inserted: (b) Disclosure.--Paragraph 2(e)(1) of rule XXXV of the Standing Rules of the Senate is amended--

   Inserted: (1) in subclause (C), by striking "and" after the semicolon;

   Inserted: (2) by inserting after subclause (D) the following:

   Inserted: "(E) the source will submit a list of the names of any registered lobbyist or an agent of a foreign principal on the trip not later than 30 days after the trip; and".

   Inserted: SEC. 7. BAN ON LOBBYISTS MAKING CASH CAMPAIGN CONTRIBUTIONS.

   Inserted: Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by--

   Inserted: (1) by striking "No person" and inserting the following:

   Inserted: "(a) In General.--Except as provided in subsection (b), no person"; and

   Inserted: (2) inserting at the end the following:

   Inserted: "(b) Lobbyist.--

   Inserted: "(1) Total ban.--If the person described in subsection (a) is a lobbyist, the amount referred to in subsection (a) shall be zero.

   Inserted: "(2) Lobbyist.--In this subsection, the term 'lobbyist' shall have the same meaning given such term in section 3(10) of the Lobbying Disclosure Act of 1995.".

   Inserted: SEC. 8. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES.

   Inserted: The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following:

   Inserted: "SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES.

   Inserted: "(a) In General.--A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the United States Senate a list of any employee, individual under contract, or individual who provides paid consulting services who is--

   Inserted: "(1) a former United States Senator or a former Member of the United States House of Representatives; or

   Inserted: "(2) a former congressional staff person who--

   Inserted: "(A) made at least $100,000 in any 1 year as a congressional staff person;

   Inserted: "(B) worked for a total of 4 years or more as a congressional staff person; or

   Inserted: "(C) had a job title at any time while employed as a congressional staff person that contained any of the following terms: 'Chief of Staff', 'Legislative Director', 'Staff Director', 'Counsel', 'Professional Staff Member', 'Communications Director', or 'Press Secretary'.

   Inserted: "(b) Contents of Filing.--The filing required by this section shall contain a brief job description of each such employee, individual under contract, or individual who provides paid consulting services, and an explanation of their work experience under subsection (a) that requires this filing.

   Inserted: "(c) Improved Reporting of Substantial Lobbying Entities.--The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled 'Substantial Lobbying Entities' that includes qualifying employees, individuals under contract, or individuals who provide paid consulting services, under subsection (a).

   Inserted: "(d) Law Enforcement Oversight.--The Clerk of the House of Representatives and the Secretary of the Senate may provide a copy of the filings of substantial lobbying entities to the District of Columbia United States Attorney, to allow the District of Columbia United States Attorney to determine whether any such entities are underreporting the Federal lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services.

   Inserted: "(e) Substantial Lobbying Entity.--In this section, the term 'substantial lobbying entity' means an incorporated entity that employs more than 3 federally registered lobbyists during a filing period.".

   Inserted: SEC. 9. ENHANCED PENALTIES.

   Inserted: Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606(a)) is amended by striking "$200,000" and inserting "$500,000".

   Original wording

   At the end of the bill, insert the following:

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As printed