[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4667 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4667
To provide greater transparency with respect to lobbying activities,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2006
Mr. Fitzpatrick of Pennsylvania introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on Standards of Official Conduct, Rules, Resources, and
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide greater transparency with respect to lobbying activities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lobbying
Transparency and Accountability Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENHANCING LOBBYING DISCLOSURE
Sec. 101. Quarterly filing of lobbying disclosure reports.
Sec. 102. Electronic filing of lobbying disclosure reports.
Sec. 103. Public database of lobbying disclosure information.
Sec. 104. Disclosure by registered lobbyists of all past executive and
congressional employment.
Sec. 105. Disclosure of grassroots activities by paid lobbyists.
Sec. 106. Disclosure of lobbyist contributions and payments.
Sec. 107. Increased penalty for failure to comply with lobbying
disclosure requirements.
Sec. 108. Disclosure of lobbying activities by certain coalitions and
associations.
TITLE II--SLOWING THE REVOLVING DOOR
Sec. 201. Amendments to restrictions on former officers, employees, and
elected officials of the executive and
legislative branches.
Sec. 202. Additional employment rights.
Sec. 203. Public disclosure by Members of Congress of employment
negotiations.
TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND LOBBYIST
GIFTS
Sec. 301. Requirement of full payment and disclosure of charter
flights.
Sec. 302. Valuation of tickets to sporting and entertainment events.
Sec. 303. Ban on privately-funded travel.
TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING
Sec. 401. Comptroller General review and semiannual reports.
TITLE V--HOUSE RULES CHANGES
Sec. 501. Earmarks.
Sec. 502. Three-day layover requirement.
TITLE VI--POLITICAL ADVOCACY
Sec. 601. Prohibition on the use of Federal funds for political
advocacy.
Sec. 602. Disclosure requirements.
Sec. 603. Federal entity report.
Sec. 604. Public accountability.
Sec. 605. Severability.
Sec. 606. First amendment rights preserved.
TITLE I--ENHANCING LOBBYING DISCLOSURE
SEC. 101. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required.--Section 5 of the Lobbying
Disclosure Act of 1995 (in this title referred to as the ``Act'') (2
U.S.C. 1604) is amended--
(1) in subsection (a)--
(A) by striking ``Semiannual'' and inserting
``Quarterly'';
(B) by striking ``the semiannual period'' and all
that follows through ``July of each year'' and insert
``the quarterly period beginning on the first days of
January, April, July, and October of each year''; and
(C) by striking ``such semiannual period'' and
insert ``such quarterly period''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``semiannual report'' and inserting
``quarterly report'';
(B) in paragraph (2), by striking ``semiannual
filing period'' and inserting ``quarterly period'';
(C) in paragraph (3), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(D) in paragraph (4), by striking ``semiannual
filing period'' and inserting ``quarterly period''.
(b) Conforming Amendments.--
(1) Definition.--Section 3(10) of the Act (2 U.S.C. 1602)
is amended by striking ``six month period'' and inserting
``three-month period''.
(2) Registration.--Section 4 of the Act (2 U.S.C. 1603) is
amended--
(A) in subsection (a)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''; and
(B) in subsection (b)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''.
(3) Enforcement.--Section 6(6) of the Act (2 U.S.C.
1605(6)) is amended by striking ``semiannual period'' and
inserting ``quarterly period''.
(4) Estimates.--Section 15 of the Act (2 U.S.C. 1610) is
amended--
(A) in subsection (a)(1), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(B) in subsection (b)(1), by striking ``semiannual
period'' and inserting ``quarterly period''.
(5) Dollar amounts.--
(A) Registration.--Section 4 of the Act (2 U.S.C.
1603) is amended--
(i) in subsection (a)(3)(A)(i), by striking
``$5,000'' and inserting ``$2,500'';
(ii) in subsection (a)(3)(A)(ii), by
striking ``$20,000'' and inserting ``$10,000'';
(iii) in subsection (b)(3)(A), by striking
``$10,000'' and inserting ``$5,000''; and
(iv) in subsection (b)(4), by striking
``$10,000'' and inserting ``$5,000''.
(B) Reports.--Section 5 of the Act (2 U.S.C. 1604)
is amended--
(i) in subsection (c)(1), by striking
``$10,000'' and ``$20,000'' and inserting
``$5,000'' and ``$10,000'', respectively; and
(ii) in subsection (c)(2), by striking
``$10,000'' both places such term appears and
inserting ``$5,000''.
SEC. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
Section 5 of the Act (2 U.S.C. 1604) is amended by adding at the
end the following:
``(d) Electronic Filing Required.--A report required to be filed
under this section shall be filed in electronic form, in addition to
any other form that may be required by the Secretary of the Senate or
the Clerk of the House of Representatives.''.
SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.
(a) Database Required.--Section 6 of the Act (2 U.S.C. 1605) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(9) maintain, and make available to the public over the
Internet, without a fee or other access charge, in a
searchable, sortable, and downloadable manner, an electronic
database that--
``(A) includes the information contained in
registrations and reports filed under this Act;
``(B) directly links the information it contains to
the information disclosed in reports filed with the
Federal Election Commission under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
and
``(C) is searchable and sortable, at a minimum, by
each of the categories of information described in
section 4(b) or 5(b).''.
(b) Availability of Reports.--Section 6(4) of the Act is amended by
inserting before the semicolon the following: ``and, in the case of a
report filed in electronic form pursuant to section 5(d), shall make
such report available for public inspection over the Internet not more
than 48 hours after the report is 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 Act, as added by subsection (a).
SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST EXECUTIVE AND
CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Act (2 U.S.C. 1603) is amended by striking
``or a covered legislative branch official'' and all that follows
through ``as a lobbyist on behalf of the client,'' and inserting ``or a
covered legislative branch official,''.
SEC. 105. DISCLOSURE OF GRASSROOTS ACTIVITIES BY PAID LOBBYISTS.
(a) Disclosure of Grassroots Activities.--Section 3 of the Act (2
U.S.C. 1602) is amended--
(1) in paragraph (2), by inserting ``or grassroots lobbying
activities'' after ``lobbying activities'' both places it
appears; and
(2) by adding at the end the following new paragraphs--
``(17) Grassroots lobbying.--The term `grassroots
lobbying'--
``(A) means any attempt to influence the general
public, or segments thereof, to engage in lobbying
contacts whether or not those contacts were made on
behalf of a client; and
``(B) does not include any attempt described in
subparagraph (A) by a person or entity directed to its
members, employees, officers or shareholders, unless
such attempt is financed with funds directly or
indirectly received from or arranged by a retained
registrant.
``(18) Grassroots lobbyist.--The term `grassroots lobbyist'
means any individual who is retained by a client for financial
or other compensation for services to engage in grassroots
lobbying.
``(19) Grassroots lobbying firm.--The term `grassroots
lobbying firm'--
``(A) means a person or entity that has 1 or more
employees who are grassroots lobbyists on behalf of a
client other than that person or entity; and
``(B) includes a self-employed individual who is a
grassroots lobbyist.
``(20) Grassroots lobbying activities.--The term
`grassroots lobbying activities' means grassroots lobbying and
efforts in support of grassroots lobbying, including
preparation and planning activities, research and other
background work that is intended, at the time it is performed,
for use in grassroots lobbying, and coordination with the
lobbying activities or grassroots lobbying activities of
others.
``(21) Leadership pac.--The term `leadership PAC' means,
with respect to an individual holding Federal office, an
unauthorized political committee which is associated with such
individual.''.
(b) Registration.--Section 4(a) of the Act (2 U.S.C. 1603(a)) is
amended--
(1) in paragraph (1), by striking ``45'' and inserting
``20'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) Grassroots lobbying.--Not later than 20 days after a
grassroots lobbying firm first is retained by a client to
engage in grassroots lobbying, such grassroots lobbying firm
shall register with the Secretary of the Senate and the Clerk
of the House of Representatives.''; and
(4) in paragraph (4)(A), as redesignated--
(A) by striking ``paragraphs (1) and (2)'' and
inserting ``paragraphs (1), (2), and (3)''; and
(B) in clause (i), by inserting ``and grassroots
lobbying activities'' after ``lobbying activities''.
(c) Separate Itemization of Grassroots Expenses.--Section 5(b) of
the Act (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (3), by--
(A) inserting after ``total amount of all income''
the following: ``(including a separate good faith
estimate of the total amount relating specifically to
grassroots lobbying activities and, within that amount,
a good faith estimate of the total amount specifically
relating to grassroots lobbying through paid
advertising)'';
(B) inserting ``or a grassroots lobbying firm''
after ``lobbying firm'';
(C) inserting ``or grassroots lobbying activities''
after ``lobbying activities'' both places it appears;
and
(D) striking ``and'' after the semicolon;
(2) in paragraph (4), by--
(A) inserting after ``total expenses'' the
following: ``(including a separate good faith estimate
of the total amount relating specifically to grassroots
lobbying activities and, within that total amount, a
separate good faith estimate of the total amount
specifically relating to grassroots lobbying through
paid advertising)'';
(B) inserting ``or grassroots lobbying activities''
after ``lobbying activities'' both places it appears;
and
(C) striking the period and inserting ``; and'';
and
(3) by adding at the end the following:
``(5) in the case of a grassroots lobbying firm, for each
client--
``(A) a list of the specific issues upon which the
registrant engaged in grassroots lobbying activities,
including, to the maximum extent practicable, a list of
bill numbers and references to specific executive
branch activities;
``(B) the total disbursements made for grassroots
lobbying activities, and a subtotal for disbursements
made for grassroots lobbying through paid advertising;
``(C) identification of each person or entity who
received a disbursement of funds for grassroots
lobbying activities of $10,000 or more during the
period and the total amount each person or entity
received; and
``(D) if such disbursements are made through a
person or entity who serves as an intermediary or
conduit, identification of each such intermediary or
conduit, identification of the person or entity who
receives the funds, and the total amount each such
person or entity received.''.
(d) Large Grassroots Expenditure.--Section 5(a) of the Act (2
U.S.C. 1604(a)) is amended--
(1) by striking ``No later'' and inserting ``Except as
provided in paragraph (2), not later''; and
(2) by adding at the end the following:
``(2) Large grassroots expenditure.--A registrant that is a
grassroots lobbying firm and that receives income of, or spends
or agrees to spend, an aggregate amount of $250,000 or more on
grassroots lobbying activities for a client, or for a group of
clients for a joint effort, shall file--
``(A) a report under this section not later than 20
days after receiving, spending, or agreeing to spend
that amount; and
``(B) an additional report not later than 20 days
after each time such lobbyist or lobbying firm receives
income of, or spends or agrees to spend, an aggregate
amount of $250,000 or more on grassroots lobbying
activities for a client, or for a group of clients for
a joint effort.''.
SEC. 106. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND PAYMENTS.
Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(6) for each registrant (and for any political committee,
as defined in 301(4) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(4)), affiliated with such registrant), and
for each employee listed as a lobbyist by a registrant under
paragraph (2)(C)--
``(A) the name of each Federal candidate or
officeholder, leadership PAC, or political party
committee, to whom a contribution was made, and the
date and amount of such contribution; and
``(B) the name of each Federal candidate or
officeholder, or a leadership PAC of such candidate or
officeholder, or political party committee for whom a
fundraising event was hosted, cohosted, or otherwise
sponsored, the date and location of the event, and the
total amount raised by the event;
``(7) the name of each covered legislative branch official
or covered executive branch official for whom the registrant or
employee listed as a lobbyist provided, or directed or arranged
to be provided, any payment or reimbursements for travel and
related expenses in connection with the duties of such covered
official, including for each such official--
``(A) an itemization of the payments or
reimbursements provided to finance the travel and
related expenses and to whom the payments or
reimbursements were made, including any payment or
reimbursement made with the express or implied
understanding or agreement that such funds will be used
for travel and related expenses;
``(B) the purpose and final itinerary of the trip,
including a description of all meetings, tours, events,
and outings attended;
``(C) the names of any registrant or individual
employed by the registrant who traveled on any such
trip;
``(D) the identity of official or listed sponsor of
travel; and
``(E) the identity of any person or entity, other
than the listed sponsor of the travel, which directly
or indirectly provided for payment of travel and
related expenses at the request or suggestion of the
registrant or the employee;
``(8) the date, recipient, and amount of funds contributed
or disbursed by, or arranged by, a registrant or employee
listed as a lobbyist--
``(A) to pay the costs of an event to honor or
recognize a covered legislative branch official or
covered executive branch official;
``(B) to, or on behalf of, an entity that is named
for a covered legislative branch official or covered
executive branch official, or to a person or entity in
recognition of such official;
``(C) to an entity established, financed,
maintained, or controlled by a covered legislative
branch official or covered executive branch official,
or an entity designated by such official; or
``(D) to pay the costs of a meeting, retreat,
conference or other similar event held by, or for the
benefit of, 1 or more covered legislative branch
officials or covered executive branch officials;
except that this paragraph shall not apply to any payment or
reimbursement made from funds required to be reported under
section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434); and
``(9) the date, recipient, and amount of any gift (that
under the rules of the House of Representatives or Senate
counts towards the one hundred dollar cumulative annual limit
described in such rules) valued in excess of $20 given by a
registrant or employee listed as a lobbyist to a covered
legislative branch official or covered executive branch
official.
For purposes of paragraph (9), the term `gift' means a gratuity, favor,
discount, entertainment, hospitality, loan, forbearance, or other item
having monetary value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind, by
purchase of a ticket, payment in advance, or reimbursement after the
expense has been incurred.''.
SEC. 107. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING
DISCLOSURE REQUIREMENTS.
Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is
amended by striking ``$50,000'' and inserting ``$100,000''.
SEC. 108. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--Paragraph (2) of section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as follows:
``(2) Client.--
``(A) In general.--The term `client' means any
person or entity that employs or retains another person
for financial or other compensation to conduct lobbying
activities or grassroots lobbying activities on behalf
of that person or entity. A person or entity whose
employees act as lobbyists on its own behalf if both a
client and an employer of such employees.
``(B) Treatment of coalitions and associations.--
``(i) In general.--Except as provided in
clause (ii), in the case of a coalition or
association of 2 or more groups that retains a
person to conduct lobbying activities or
grassroots lobbying activities, each group
whose total contribution to the coalition or
association in connection with the lobbying
activities or grassroots lobbying activities
exceeds an aggregate of $10,000 during the
reporting period is the client along with the
coalition or association.
``(ii) Exception for certain tax exempt
associations.--In the case of an association
which is described in any paragraph of section
501(c) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such
Code, the association (and not its members)
shall be treated as the client.
``(iii) Membership.--Nothing in this
paragraph shall be construed to require the
disclosure of any information about the members
of, or donors to, a group which is treated as a
client by this provision.''.
TITLE II--SLOWING THE REVOLVING DOOR
SEC. 201. 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) Members of Congress, Officers, and Employees of the Legislative
Branch.--Section 207(e) of title 18, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``within 1 year'' and
inserting ``within 2 years'';
(2) in paragraph (2)(A), by striking ``within 1 year'' and
inserting ``within 2 years'';
(3) in paragraph (3), by striking ``within 1 year'' and
inserting ``within 2 years''; and
(4) in paragraph (4)(A), by striking ``within 1 year'' and
inserting ``within 2 years''.
SEC. 202. ADDITIONAL EMPLOYMENT RIGHTS.
(a) In General.--Section 104 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450i) is amended by striking
subsection (j) and inserting the following:
``(j) Additional Employment Rights.--
``(1) In general.--Notwithstanding sections 205 and 207 of
title 18, United States Code, an officer or employee of the
United States assigned to an Indian tribe under section 3372 of
title 5, United States Code, or section 2072 of the Revised
Statutes (25 U.S.C. 48), or an individual that was formerly an
officer or employee of the United States and who is an employee
of an Indian tribe employed to perform services pursuant to
self-governance contracts or compacts under this Act that the
individual formerly performed for the United States, may
communicate with and appear before any department, agency,
court, or commission on behalf of the Indian tribe with respect
to any matter relating to the contract or compact, including
any matter in which the United States is a party or has a
direct and substantial interest.
``(2) Notification of involvement in pending matter.--An
officer, employee, or former officer or employee described in
paragraph (1) shall submit to the head of each appropriate
department, agency, court, or commission, in writing, a
notification of any personal and substantial involvement the
officer, employee, or former officer or employee had as an
officer or employee of the United States with respect to the
pending matter.''.
(b) Effective Date.--The effective date of the amendment made by
this section shall be the date that is 1 year after the date of
enactment of this Act.
SEC. 203. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS OF EMPLOYMENT
NEGOTIATIONS.
(a) House of Representatives.--The Code of Official Conduct set
forth in rule XXIII of the Rules of the House of Representatives is
amended by redesignating clause 14 as clause 15 and by inserting after
clause 13 the following new clause:
``14. A Member, Delegate, or Resident Commissioner shall file with
the Clerk of the House of Representatives for public disclosure, a
statement that he or she is negotiating or has any arrangement
concerning prospective employment if a conflict of interest or the
appearance of a conflict of interest may exist. Such statement shall be
made within 3 days after the commencement of such negotiation or
arrangement.''.
(b) Senate.--Rule XXXVII of the Standing Rules of the Senate is
amended by adding at the end the following:
``13. A Member shall file with the Secretary of the Senate, for
public disclosure, a statement that he or she is negotiating or has any
arrangement concerning prospective employment if a conflict of interest
or the appearance of a conflict of interest may exist. Such statement
shall be made within 3 days after the commencement of such negotiation
or arrangement.''.
TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND LOBBYIST
GIFTS
SEC. 301. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF CHARTER
FLIGHTS.
(a) House of Representatives.--
(1) In general.--Clause 5(a)(3)(A) of rule XXV of the
Standing Rules of the House of Representatives is amended by--
(A) inserting ``(1)'' after ``(A)''; and
(B) adding at the end the following:
``(2) Market value for a flight on an airplane that is not
licensed by the Federal Aviation Administration to operate for
compensation or hire shall be the fair market value of a
charter flight. The Committee on Standards of Official Conduct
shall make public information received under this subparagraph
as soon as possible after it is received.''.
(2) Disclosure.--Clause 5 of Rule XXV of the Standing Rules
of the House of Representatives is amended by adding at the end
the following:
``(g) A Member, officer, or employee who takes a flight described
in paragraph (a)(3)(A)(2) shall, with respect to the flight, file a
report with the Clerk of the House of Representatives for public
disclosure within 10 days after the flight--
``(1) the date of the flight;
``(2) the destination of the flight who else was on the
flight, other than those operating the plane; and
``(3) the purpose of the trip.''.
(b) Senate.--
(1) In general.--Paragraph 1(c)(1) of rule XXXV of the
Standing Rules of the Senate is amended by--
(A) inserting ``(A)'' after ``(1)''; and
(B) adding at the end the following:
``(B) Market value for a flight on an airplane that is not
licensed by the Federal Aviation Administration to operate for
compensation or hire shall be the fair market value of a
charter flight. The Select Committee on Ethics shall make
public information received under this subparagraph as soon as
possible after it is received.''.
(2) Disclosure.--Paragraph 1 of rule XXXV of the Standing
Rules of the Senate is amended by adding at the end the
following:
``(h) A Member, officer, or employee who takes a flight described
in subparagraph (c)(1)(B) shall, with respect to the flight, file a
report with the Secretary of the Senate for public disclosure within 10
days after the flight--
``(1) the date of the flight;
``(2) the destination of the flight;
``(3) who else was on the flight, other than those
operating the plane; and
``(4) the purpose of the trip.''.
(c) Candidates.--Subparagraph (B) of section 301(8) of the Federal
Election Campaign Act of 1971 (42 U.S.C. 431(8)(B)) is amended by--
(1) in clause (xiii), striking ``and'' at the end;
(2) in clause (xiv), by striking the period and inserting
``; and''; and
(3) by adding at the end the following :
``(xv) any travel expense for a flight on
an airplane that is not licensed by the Federal
Aviation Administration to operate for
compensation or hire, but only if the candidate
or the candidate's authorized committee or
other political committee pays within 7 days
after the date of the flight to the owner,
lessee, or other person who provides the use of
the airplane an amount not less than the normal
and usual charter fare or rental charge for a
comparable commercial airplane of appropriate
size.''.
SEC. 302. VALUATION OF TICKETS TO SPORTING AND ENTERTAINMENT EVENTS.
(a) In General.--For a covered executive branch official, a gift of
a ticket to a sporting or entertainment event shall be valued at the
face value of the ticket, provided that in the case of a ticket without
a face value, the ticket shall be valued at the highest cost of a
ticket with a face value for the event.
(b) Senate.--Paragraph 1(b)(1) of Rule XXXV of the Standing Rules
of the Senate is amended by--
(1) inserting ``(A)'' after ``(1)''; and
(2) adding at the end the following:
``(B) A gift of a ticket to a sporting or
entertainment event shall be valued at the face value
of the ticket, provided that in the case of a ticket
without a face value, the ticket shall be valued at the
highest cost of a ticket with a face value for the
event.''.
(c) House.--Clause 5(a)(2)(A) of Rule XXV of the Standing Rules of
the House of Representatives is amended by--
(1) inserting ``(i)'' after ``(A)''; and
(2) adding at the end the following:
``(ii) A gift of a ticket to a sporting or
entertainment event shall be valued at the face
value of the ticket, provided that in the case
of a ticket without a face value, the ticket
shall be valued at the highest cost of a ticket
with a face value for the event.''.
SEC. 303. BAN ON PRIVATELY-FUNDED TRAVEL.
Clause 5 of rule XXV of the Rules of the House of Representatives
is amended by adding at the end the following:
``(g) Notwithstanding any other provision of this clause, no
Member, Delegate, Resident Commissioner, officer, or employee of the
House may accept a gift of travel (including any transportation,
lodging, and meals during such travel) from any private source.''.
TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING
SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMIANNUAL REPORTS.
(a) Ongoing Review Required.--The Comptroller General shall review
on an ongoing basis the activities carried out by the Clerk of the
House of Representatives and the Secretary of the Senate under section
6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605). The review
shall emphasize--
(1) the effectiveness of those activities in securing the
compliance by lobbyists with the requirements of that Act; and
(2) whether the Clerk and the Secretary have the resources
and authorities needed for effective oversight and enforcement
of that Act.
(b) Semiannual Reports.--Twice yearly, not later than January 1 and
not later than July 1 of each year, the Comptroller General shall
submit to Congress a report on the review required by subsection (a).
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--
(1) improve the compliance by lobbyists with the
requirements of that Act; and
(2) provide the Clerk and the Secretary with the resources
and authorities needed for effective oversight and enforcement
of that Act.
TITLE V--HOUSE RULES CHANGES
SEC. 501. EARMARKS.
Rule XXI of the Rules of the House of Representatives is amended by
adding at the end the following new clause:
``7. It shall not be in order to consider a general appropriation
bill, a bill making supplemental appropriations, or a joint resolution
continuing appropriations, or amendment thereto or conference report
thereon, if--
``(1) the report accompanying such bill or joint resolution
or the joint explanatory statement of managers accompanying a
conference report on the bill or joint resolution contains any
earmarks; or
``(2) such bill or joint resolution contains any earmark
and does not set forth the name of the Member requesting the
earmark and the congressional district that contains the
subject of the earmark.''.
SEC. 502. THREE-DAY LAYOVER REQUIREMENT.
Clause 8(a)(1)(A) of the Rules of the House of Representatives is
amended by inserting ``and on the Internet to the general public''
before the semicolon.
TITLE VI--POLITICAL ADVOCACY
SEC. 601. PROHIBITION ON THE USE OF FEDERAL FUNDS FOR POLITICAL
ADVOCACY.
(a) Limitations.--Notwithstanding any other provision of law, the
following limitations apply to any grant which is made from funds
appropriated under this or any other Act or controlled under any
congressional authorization until Congress provides specific exceptions
in subsequent Acts:
(1) No grantee may use funds from any grant to engage in
political advocacy.
(2) No grant applicant may receive any grant if its
expenditures for political advocacy for any one of the previous
five Federal fiscal years exceeded its prohibited political
advocacy threshold (but no Federal fiscal year before 1996
shall be considered). For purposes of this title, the
prohibited political advocacy threshold for a given Federal
fiscal year is to be determined by the following formula:
(A) calculate the difference between the grant
applicant's total expenditures made in a given Federal
fiscal year and the total grants it received in that
Federal fiscal year;
(B) for the first $20,000,000 of the difference
calculated in (A), multiply by .05;
(C) for the remainder of the difference calculated
in (A), multiply by .01;
(D) the sum of the products described in (B) and
(C) equals the prohibited political advocacy threshold.
(3) During any one Federal fiscal year in which a grantee
has possession, custody or control of grant funds, the grantee
shall not use any funds (whether derived from grants or
otherwise) to engage in political advocacy in excess of its
prohibited political advocacy threshold for the prior Federal
fiscal year.
(4) No grantee may use funds from any grant to purchase or
secure any goods or services (including dues and membership
fees) from any other individual, entity, or organization whose
expenditures for political advocacy for the previous Federal
fiscal year exceeded 15 percent of its total expenditures for
that Federal fiscal year.
(5) No grantee may use funds from any grant for any purpose
(including but not limited to extending subsequent grants to
any other individual, entity, or organization) other than to
purchase or secure goods or services, except as specifically
permitted by Congress in the law authorizing the grant.
(6) Any individual, entity, or organization that awards or
administers a grant shall take reasonable steps to ensure that
the grantee complies with the requirements of this title.
Reasonable steps to ensure compliance shall include written
notice to a grantee that it is receiving a grant, and that the
provisions of this title apply to the grantee.
(b) Enforcement.--The following enforcement provisions apply with
respect to the limitations imposed under subsection (a):
(1) Each grantee shall be subject to audit from time to
time as follows:
(A) Audits may be requested and conducted by the
General Accounting Office or other auditing entity
authorized by Congress, including the inspector general
of the Federal entity awarding or administering the
grant.
(B) Grantees shall follow generally accepted
accounting principles in keeping books and records
relating to each grant and no Federal entity may impose
more burdensome accounting requirements for purposes of
enforcing this title.
(C) A grantee that engages in political advocacy
shall have the burden of proving, by clear and
convincing evidence, that it is in compliance with the
limitations of this section.
(2) Violations by a grantee of the limitations contained in
subsection (a) may be enforced and the grant may be recovered
in the same manner and to the same extent as a false or
fraudulent claim for payment or approval made to the Federal
Government pursuant to sections 3729 through 3812 of title 31,
United States Code.
(3) Any officer or employee of the Federal Government who
awards or administers funds from any grant to a grantee who is
not in compliance with this section shall--
(A) for knowing or negligent noncompliance with
this section, be subjected to appropriate
administrative discipline, including, when
circumstances warrant, suspension from duty without pay
or removal from office; and
(B) for knowing noncompliance with this section,
pay a civil penalty of not more than $5,000 for each
improper disbursement of funds.
(c) Definitions.--For purposes of this title:
(1) Political advocacy.--The term ``political advocacy''
includes--
(A) carrying on propaganda, or otherwise attempting
to influence legislation or agency action, including,
but not limited to monetary or in-kind contributions,
endorsements, publicity, or similar activity;
(B) participating or intervening in (including the
publishing or distributing of statements) any political
campaign on behalf of (or in opposition to) any
candidate for public office, including but not limited
to monetary or in-kind contributions, endorsements,
publicity, or similar activity;
(C) participating in any judicial litigation or
agency proceeding (including as an amicus curiae) in
which agents or instrumentalities of Federal, State, or
local governments are parties, other than litigation in
which the grantee or grant applicant: is a defendant
appearing in its own behalf; is defending its tax-
exempt status; or is challenging a government decision
or action directed specifically at the powers, rights,
or duties of that grantee or grant applicant; and
(D) allocating, disbursing, or contributing any
funds or in-kind support to any individual, entity or
organization whose expenditures for political advocacy
for the previous Federal fiscal year exceeded 15
percent of its total expenditures for that Federal
fiscal year.
(2) Influence legislation or agency action.--
(A) General rule.--Except as otherwise provided in
subparagraph (B), the term ``influence legislation or
agency action'' includes--
(i) any attempt to influence any
legislation or agency action through an attempt
to affect the opinions of the general public or
any segment thereof, and
(ii) any attempt to influence any
legislation or agency action through
communication with any member or employee of a
legislative body or agency, or with any
government official or employee who may
participate in the formulation of the
legislation or agency action.
(B) Exceptions.--The term ``influence legislation
or agency action'' does not include--
(i) making available the results of
nonpartisan analysis, study, research, or
debate;
(ii) providing technical advice or
assistance (where such advice would otherwise
constitute the influencing of legislation or
agency action) to a governmental body or to a
committee or other subdivision thereof in
response to a written request by such body or
subdivision, as the case may be;
(iii) communications between the grantee
and its bona fide members with respect to
legislation, proposed legislation, agency
action, or proposed agency action of direct
interest to the grantee and such members, other
than communications described in subparagraph
(C);
(iv) any communication with a governmental
official or employee; other than--
(I) a communication with a member
or employee of a legislative body or
agency (where such communication would
otherwise constitute the influencing of
legislation or agency action); or
(II) a communication the principal
purpose of which is to influence
legislation or agency action; and
(v) official communications by employees of
State or local governments, or by organizations
whose membership consists exclusively of State
or local governments.
(C) Communications with members.--
(i) A communication between a grantee and
any bona fide member of such organization to
directly encourage such member to communicate
as provided in paragraph (2)(A)(ii) shall be
treated as a (2)(A)(ii) communication by the
grantee itself.
(ii) A communication between a grantee and
any bona fide member of such organization to
directly encourage such member to urge persons
other than members to communicate as provided
in either clause (i) or (ii) of paragraph
(2)(A) shall be treated as a communication
described in paragraph (2)(A)(i).
(3) The term ``legislation'' includes the introduction,
amendment, enactment, passage, defeat, ratification, or repeal
of Acts, bills, resolutions, treaties, declarations,
confirmations, articles of impeachment, or similar items by the
Congress, any State legislature, any local council or similar
governing body, or by the public in a referendum, initiative,
constitutional amendment, recall, confirmation, or similar
procedure.
(4) The term ``grant'' includes the provision of any
Federal funds, appropriated under this or any other Act, or
other thing of value to carry out a public purpose of the
United States, except: the provision of funds for acquisition
(by purchase, lease or barter) of property or services for the
direct benefit or use of the United States, or the payments of
loans, debts, or entitlements; or the provision of funds to an
Article I or III court.
(5) The term ``grantee'' includes any recipient of any
grant. The term shall not include any state or local
government, but shall include any recipient receiving a grant
(as defined by subsection c(4)) from a state or local
government.
(6) The term ``agency action'' includes the definition
contained in section 551 of Title 5, United States Code, and
includes action by state or local government agencies.
(7) The term ``agency proceeding'' includes the definition
contained in section 551 of Title 5, United States Code, and
includes proceedings by state or local government agencies.
SEC. 602. DISCLOSURE REQUIREMENTS.
(a) Not later than December 31 of each year, a grantee shall
provide (via either electronic or paper medium) to each Federal entity
that awarded or administered its grant an annual report for the prior
Federal fiscal year, certified by the grantee's chief executive officer
or equivalent person of authority, and setting forth: the grantee's
name, the grantee's identification number, and--
(1) a statement that the grantee did not engage in
political advocacy; or,
(2) a statement that the grantee did engage in political
advocacy, and setting forth for each grant--
(A) the grant identification number;
(B) the amount or value of the grant (including all
administrative and overhead costs awarded);
(C) a brief description of the purpose or purposes
for which the grant was awarded;
(D) the identity of each Federal, state and local
government entity awarding or administering the grant,
and program thereunder;
(E) the name and grantee identification number of
each individual, entity, or organization to whom the
grantee made a grant;
(F) a brief description of the grantee's political
advocacy, and a good faith estimate of the grantee's
expenditures on political advocacy;
(G) a good faith estimate of the grantee's
prohibited political advocacy threshold.
(b) OMB Coordination.--The Office of Management and Budget shall
develop by regulation one standardized form for the annual report that
shall be accepted by every Federal entity, and a uniform procedure by
which each grantee is assigned one permanent and unique grantee
identification number.
SEC. 603. FEDERAL ENTITY REPORT.
Not later than May 1 of each calendar year, each Federal entity
awarding or administering a grant shall submit to the Bureau of the
Census a report (standardized by the Office of Management and Budget)
setting forth the information provided to such Federal entity by each
grantee during the preceding Federal fiscal year, and the name and
grantee identification number of each grantee to whom it provided
written notice under section 601(a)(6). The Bureau of the Census shall
make this database available to the public through the Internet.
SEC. 604. PUBLIC ACCOUNTABILITY.
(a) Any Federal entity awarding a grant shall make publicly
available any grant application, audit of a grantee, list of grantees
to whom notice was provided under section 601(a)(6), annual report of a
grantee, and that Federal entity's annual report to the Bureau of the
Census.
(b) The public's access to the documents identified in section
604(a) shall be facilitated by placement of such documents in the
Federal entity's public document reading room and also by expediting
any requests under section 552 of title 5, United States Code, the
Freedom of Information Act as amended, ahead of any requests for other
information pending at such Federal entity.
(c) Records described in section (a) shall not be subject to
withholding except under exemption (b)(7)(A) of section 552 of title 5,
United States Code.
(d) No fees for searching for or copying such documents shall be
charged to the public.
SEC. 605. SEVERABILITY.
If any provision of this title or the application thereof to any
person or circumstance is held invalid, the remainder of this title and
the application of such provision to other persons and circumstances
shall not be affected thereby.
SEC. 606. FIRST AMENDMENT RIGHTS PRESERVED.
Nothing in this title shall be deemed to abridge any rights
guaranteed under the first amendment of the United States Constitution,
including freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a
redress of grievances.
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