[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4682 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4682
To provide more rigorous requirements with respect to disclosure and
enforcement of ethics and lobbying laws and regulations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2006
Ms. Pelosi (for herself, Mr. Hoyer, Mr. Clyburn, Mr. George Miller of
California, Ms. DeLauro, Mr. Emanuel, Mr. Dingell, Mr. Conyers, Mr.
Obey, Mr. Rangel, Mr. Waxman, Mr. Skelton, Mr. Frank of Massachusetts,
Mr. Lantos, Mr. Berman, Mr. Spratt, Ms. Slaughter, Mr. Evans, Mr.
Peterson of Minnesota, Ms. Millender-McDonald, Ms. Harman, Mr.
Ackerman, Mr. Allen, Mr. Andrews, Mr. Baca, Mr. Baird, Ms. Baldwin, Mr.
Barrow, Ms. Bean, Mr. Becerra, Ms. Berkley, Mr. Berry, Mr. Bishop of
New York, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Bordallo, Mr.
Boswell, Mr. Brown of Ohio, Mr. Butterfield, Mrs. Capps, Mr. Cardin,
Mr. Carnahan, Ms. Carson, Mr. Case, Mr. Chandler, Mr. Clay, Mr.
Cleaver, Mr. Cooper, Mr. Crowley, Mr. Cuellar, Mr. Cummings, Mr. Davis
of Alabama, Mrs. Davis of California, Mr. Davis of Florida, Mr. Davis
of Illinois, Mr. Davis of Tennessee, Mr. DeFazio, Ms. DeGette, Mr.
Delahunt, Mr. Dicks, Mr. Doggett, Mr. Edwards, Mr. Etheridge, Ms.
Eshoo, Mr. Faleomavaega, Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Ford,
Mr. Gonzalez, Mr. Gordon, Mr. Al Green of Texas, Mr. Gene Green of
Texas, Mr. Grijalva, Mr. Gutierrez, Mr. Hastings of Florida, Ms.
Herseth, Mr. Higgins, Mr. Hinchey, Mr. Hinojosa, Mr. Honda, Mr. Holt,
Ms. Hooley, Mr. Inslee, Mr. Israel, Mr. Jackson of Illinois, Ms.
Jackson-Lee of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Kennedy
of Rhode Island, Mr. Kildee, Mr. Kind, Mr. Kucinich, Mr. Langevin, Mr.
Larsen of Washington, Mr. Larson of Connecticut, Ms. Lee, Mr. Levin,
Mr. Lewis of Georgia, Mr. Lipinski, Ms. Zoe Lofgren of California, Mrs.
Lowey, Mr. Lynch, Mrs. McCarthy, Ms. McCollum of Minnesota, Mr.
McDermott, Mr. McGovern, Mr. McNulty, Mrs. Maloney, Mr. Markey, Ms.
Matsui, Mr. Meehan, Mr. Meek of Florida, Mr. Melancon, Mr. Michaud, Mr.
Miller of North Carolina, Mr. Moore of Kansas, Mr. Moran of Virginia,
Mr. Nadler, Mrs. Napolitano, Ms. Norton, Mr. Olver, Mr. Ortiz, Mr.
Owens, Mr. Pallone, Mr. Pascrell, Mr. Pomeroy, Mr. Price of North
Carolina, Mr. Reyes, Mr. Ross, Mr. Rothman, Ms. Roybal-Allard, Mr.
Ruppersberger, Mr. Ryan of Ohio, Mr. Salazar, Ms. Linda T. Sanchez of
California, Mr. Sanders, Ms. Schakowsky, Mr. Schiff, Mr. Scott of
Georgia, Mr. Scott of Virginia, Ms. Schwartz of Pennsylvania, Mr.
Sherman, Mr. Smith of Washington, Ms. Solis, Mr. Stark, Mr. Strickland,
Mrs. Tauscher, Mr. Taylor of Mississippi, Mr. Thompson of California,
Mr. Tierney, Mr. Towns, Mr. Udall of Colorado, Mr. Udall of New Mexico,
Mr. Van Hollen, Mr. Visclosky, Ms. Wasserman Schultz, Ms. Waters, Ms.
Watson, Mr. Weiner, Mr. Wexler, Ms. Woolsey, and Mr. Wu) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Rules, Government Reform,
Standards of Official Conduct, Armed Services, and House
Administration, 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 more rigorous requirements with respect to disclosure and
enforcement of ethics and lobbying laws and regulations, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Honest Leadership
and Open Government Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--CLOSING THE REVOLVING DOOR
Sec. 101. Extension of lobbying ban for former Members and employees of
Congress and executive branch officials.
Sec. 102. Elimination of floor privileges and access to Members
exercise facilities for former Member
lobbyists.
Sec. 103. Disclosure by Members of Congress and senior congressional
staff of employment negotiations.
Sec. 104. Ethics review of employment negotiations by executive branch
officials.
Sec. 105. Wrongfully influencing a private entity's employment
decisions or practices.
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Electronic filing of lobbying disclosure reports.
Sec. 203. Additional lobbying disclosure requirements.
Sec. 204. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 205. Disclosure of lobbying activities by certain coalitions and
associations.
Sec. 206. Disclosure by registered lobbyists of past executive and
congressional employment.
Sec. 207. Public database of lobbying disclosure information.
Sec. 208. Conforming amendment.
TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS
Sec. 301. Ban on gifts from lobbyists.
Sec. 302. Prohibition on privately funded travel.
Sec. 303. Prohibiting lobbyist organization and participation in
congressional travel.
Sec. 304. Reimbursement and disclosure of noncommercial travel.
Sec. 305. Per diem expenses for congressional travel.
TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS
Sec. 401. Office of public integrity.
Sec. 402. Increased civil and criminal penalties for failure to comply
with lobbying disclosure requirements.
Sec. 403. Penalty for false certification in connection with
congressional travel.
Sec. 404. Mandatory annual ethics training for House employees.
TITLE V--OPEN GOVERNMENT
Sec. 501. Fiscal responsibility.
Sec. 502. Curbing abuses of power.
Sec. 503. Ending 2-day work weeks.
Sec. 504. Knowing what the House is voting on.
Sec. 505. Full and open debate in conference.
TITLE VI--ANTI-CRONYISM AND PUBLIC SAFETY
Sec. 601. Minimum requirements for political appointees holding public
safety positions.
Sec. 602. Effective date.
TITLE VII--ZERO TOLERANCE FOR CONTRACT CHEATERS
Sec. 701. Public availability of Federal contract awards.
Sec. 702. Prohibition on award of monopoly contracts.
Sec. 703. Competition in multiple award contracts.
Sec. 704. Suspension and debarment of unethical contractors.
Sec. 705. Criminal sanctions for cheating taxpayers and wartime fraud.
Sec. 706. Prohibition on contractor conflicts of interest.
Sec. 707. Disclosure of Government contractor overcharges.
Sec. 708. Penalties for improper sole-source contracting procedures.
Sec. 709. Stopping the revolving door.
TITLE VIII--PRESIDENTIAL LIBRARIES
Sec. 801. Presidential libraries.
TITLE I--CLOSING THE REVOLVING DOOR
SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER MEMBERS AND EMPLOYEES OF
CONGRESS AND EXECUTIVE BRANCH OFFICIALS.
Section 207 of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking ``One-
year'' and inserting ``Two-year'';
(B) in paragraph (1), by striking ``1 year'' and
inserting ``2 years'' in both places it appears; and
(C) in paragraph (2)(B), by striking ``1-year
period'' and inserting ``2-year period;''
(2) in subsection (d)--
(A) in paragraph (1), by striking ``1 year'' and
inserting ``2 years''; and
(B) in paragraph (2)(A), by striking ``1 year'' and
inserting ``2 years''; and
(3) in subsection (e)--
(A) in paragraph (1)(A), by striking ``1 year'' and
inserting ``2 years'';
(B) in paragraph (2)(A), by striking ``1 year'' and
inserting ``2 years'';
(C) in paragraph (3), by striking ``1 year'' and
inserting ``2 years'';
(D) in paragraph (4), by striking ``1 year'' and
inserting ``2 years'';
(E) in paragraph (5)(A), by striking ``1 year'' and
inserting ``2 years''; and
(F) in paragraph (6), by striking ``1-year period''
and inserting ``2-year period''.
SEC. 102. ELIMINATION OF FLOOR PRIVILEGES AND ACCESS TO MEMBERS
EXERCISE FACILITIES FOR FORMER MEMBER LOBBYISTS.
(a) Floor Privileges.--(1) Clause 4 of rule IV of the Rules of the
House of Representatives is amended to read as follows:
``4. (a) A former Member, Delegate, or Resident Commissioner; a
former Parliamentarian of the House; or a former elected officer of the
House or former minority employee nominated as an elected officer of
the House; or a head of a department shall not be entitled to the
privilege of admission to the Hall of the House and rooms leading
thereto if he or she--
``(1) is a registered lobbyist or agent of a foreign
principal as those terms are defined in clause 5 of rule XXV;
``(2) has any direct personal or pecuniary interest in any
legislative measure pending before the House or reported by a
committee; or
``(3) is in the employ of or represents any party or
organization for the purpose of influencing, directly or
indirectly, the passage, defeat, or amendment of any
legislative proposal.
``(b) The Speaker may promulgate regulations that exempt ceremonial
or educational functions from the restrictions of this clause.''.
(2) Clause 2(a)(12) of rule IV of the Rules of the House of
Representatives is amended by inserting ``(subject to clause 4)''
before the period.
(b) Exercise Facilities.--(1) The House of Representatives may not
provide access to any exercise facility which is made available
exclusively to Members and former Members of the House of
Representatives to any former Member who is a lobbyist registered under
the Lobbying Disclosure Act of 1995 or any successor statute. For
purposes of this section, the term ``Member of the House of
Representatives'' includes a Delegate or Resident Commissioner to the
Congress.
(2) The Committee on House Administration shall promulgate
regulations to carry out this section.
SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND SENIOR CONGRESSIONAL
STAFF OF EMPLOYMENT NEGOTIATIONS.
Rule XXIII of the Rules of the House of Representatives is amended
by redesignating clause 14 as clause 15 and by adding at the end the
following new clause:
``14. (a) A Member, Delegate, Resident Commissioner, officer, or
employee of the House covered by the post employment restriction
provisions of title 18, United States Code, shall notify the Committee
on Standards of Official Conduct that he or she is negotiating or has
any arrangement concerning prospective private employment if a conflict
of interest or the appearance of a conflict of interest may exist.
``(b) The disclosure and notification under subparagraph (a) shall
be made within 3 business days after the commencement of such
negotiation or arrangement.
``(c) A Member or employee to whom this rule applies shall recuse
himself or herself from any matter in which there is a conflict of
interest for that Member or employee under this rule and notify the
Committee on Standards of Official Conduct of such recusal.
``(d)(1) The Committee on Standards of Official Conduct shall
develop guidelines concerning conduct which is covered by this
paragraph.
``(2) The Committee on Standards of Official Conduct shall maintain
a current public record of all notifications received under
subparagraph (a) and of all recusals under subparagraph (c).''.
SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS BY EXECUTIVE BRANCH
OFFICIALS.
Section 208 of title 18, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by inserting after ``the Government official
responsible for appointment to his or her position''
the following: ``and the Office of Government Ethics'';
and
(B) by striking ``a written determination made by
such official'' and inserting ``a written determination
made by the Office of Government Ethics, after
consultation with such official,''; and
(2) in subsection (b)(3), by striking ``the official
responsible for the employee's appointment, after review of''
and inserting ``the Office of Government Ethics, after
consultation with the official responsible for the employee's
appointment and after review of''; and
(3) in subsection (d)(1)--
(A) by striking ``Upon request'' and all that
follows through ``Ethics in Government Act of 1978.''
and inserting ``In each case in which the Office of
Government Ethics makes a determination granting an
exemption under subsection (b)(1) or (b)(3) to a
person, the Office shall, not later than 3 business
days after making such determination, make available to
the public pursuant to the procedures set forth in
section 105 of the Ethics in Government Act of 1978,
and publish in the Federal Register, such determination
and the materials submitted by such person in
requesting such exemption.''; and
(B) by striking ``the agency may withhold'' and
inserting ``the Office of Government Ethics may
withhold''.
SEC. 105. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S EMPLOYMENT
DECISIONS OR PRACTICES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 226. Wrongfully influencing a private entity's employment
decisions by a Member of Congress
``Whoever, being a Senator or Representative in, or a Delegate or
Resident Commissioner to, the Congress or an employee of either House
of Congress, with the intent to influence on the basis of partisan
political affiliation an employment decision or employment practice of
any private entity--
``(1) takes or withholds, or offers or threatens to take or
withhold, an official act; or
``(2) influences, or offers or threatens to influence, the
official act of another;
shall be fined under this title or imprisoned for not more than 15
years, or both, and may be disqualified from holding any office of
honor, trust, or profit under the United States.''.
(b) No Inference.--Nothing in section 226 of title 18, United
States Code, as added by this section, shall be construed to create any
inference with respect to whether the activity described in section 226
of title 18, United States Code, was already a criminal or civil
offense prior to the enactment of this Act, including sections 201(b),
201(c), and 216 of title 18, United States Code.
(c) Chapter Analysis.--The chapter analysis for chapter 11 of title
18, United States Code, is amended by adding at the end the following:
``226. Wrongfully influencing a private entity's employment decisions
by a Member of Congress.''.
(d) House Rules.--Rule XXIII of the Rules of the House (as amended
by section 103) is further amended by redesignating clause 15 as clause
16, and by inserting after clause 14 the following new clause:
``15. No Member, Delegate, or Resident Commissioner shall, with the
intent to influence on the basis of partisan political affiliation an
employment decision or employment practice of any private entity--
``(1) take or withhold, or offer or threaten to take or
withhold, an official act; or
``(2) influence, or offer or threaten to influence, the
official act of another.''.
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required.--Section 5 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
(1) in subsection (a)--
(A) by striking ``Semiannual'' and inserting
``Quarterly'';
(B) by striking ``the semiannual period'' and all
that follows through ``July of each year'' and insert
``the quarterly period beginning on the first days of
January, April, July, and October of each year''; and
(C) by striking ``such semiannual period'' and
insert ``such quarterly period''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``semiannual report'' and inserting
``quarterly report'';
(B) in paragraph (2), by striking ``semiannual
filing period'' and inserting ``quarterly period'';
(C) in paragraph (3), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(D) in paragraph (4), by striking ``semiannual
filing period'' and inserting ``quarterly period''.
(b) Conforming Amendments.--
(1) Definition.--Section 3(10) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602) is amended by striking ``six month
period'' and inserting ``three-month period''.
(2) Registration.--Section 4 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1603) is amended--
(A) in subsection (a)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''; and
(B) in subsection (b)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''.
(3) Enforcement.--Section 6 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking
``semiannual period'' and inserting ``quarterly period''.
(4) Estimates.--Section 15 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1610) is amended--
(A) in subsection (a)(1), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(B) in subsection (b)(1), by striking ``semiannual
period'' and inserting ``quarterly period''.
(5) Dollar amounts.--
(A) Section 4 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1603) is amended--
(i) in subsection (a)(3)(A)(i), by striking
``$5,000'' and inserting ``$2,500'';
(ii) in subsection (a)(3)(A)(ii), by
striking ``$20,000'' and inserting ``$10,000'';
(iii) in subsection (b)(3)(A), by striking
``$10,000'' and inserting ``$5,000''; and
(iv) in subsection (b)(4), by striking
``$10,000'' and inserting ``$5,000''.
(B) Section 5 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1604) is amended--
(i) in subsection (c)(1), by striking
``$10,000'' and ``$20,000'' and inserting
``$5,000'' and ``$10,000'', respectively; and
(ii) in subsection (c)(2), by striking
``$10,000'' both places such term appears and
inserting ``$5,000''.
SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended by adding at the end the following:
``(d) Electronic Filing Required.--A report required to be filed
under this section shall be filed in electronic form, in addition to
any other form that may be required by the Secretary of the Senate or
the Clerk of the House of Representatives. The Secretary of the Senate
and the Clerk of the House of Representatives shall provide for public
access to such reports on the Internet.''.
SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.
(a) Disclosure of Contributions and Payments.--Section 5(b) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (5), as added by section 204(c), by
striking the period and inserting a semicolon; and
(2) by adding at the end the following:
``(6) for each registrant (and for any political committee,
as defined in section 301(4) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(4)), affiliated with such registrant)
and for each employee listed as a lobbyist by a registrant
under paragraph 2(C)--
``(A) the name of each Federal candidate or
officeholder, leadership PAC, or political party
committee, to whom a contribution was made, and the
amount of such contribution; and
``(B) the name of each Federal candidate or
officeholder, or a leadership PAC of such candidate or
officeholder, or political party committee for whom a
fundraising event was hosted, cohosted, or otherwise
sponsored, the date and location of the event, and the
total amount raised by the event;
``(7) a certification that the lobbying firm or registrant
has not provided, requested, or directed a gift, including
travel, to a Member or employee of Congress in violation of
clause 5 of rule XXV of the Rules of the House of
Representatives;
``(8) the date, recipient, and amount of funds contributed
or disbursed by, or arranged by, a registrant or employee
listed as a lobbyist--
``(A) to pay the costs of an event to honor or
recognize a covered legislative branch official or
covered executive branch official;
``(B) to, or on behalf of, an entity that is named
for a covered legislative branch official or covered
executive branch official, or to a person or entity in
recognition of such official;
``(C) to an entity established, financed,
maintained, or controlled by a covered legislative
branch official or covered executive branch official,
or an entity designated by such official; or
``(D) to pay the costs of a meeting, retreat,
conference or other similar event held by, or for the
benefit of, 1 or more covered legislative branch
officials or covered executive branch officials;
except that this paragraph shall not apply to any payment or
reimbursement made from funds required to be reported under
section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434); and
``(9) the name of each Member of Congress contacted by
lobbyists employed by the registrant on behalf of the
client.''.
(b) Leadership PAC.--Section 3 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602) is amended by adding at the end the following:
``(17) Leadership pac.--The term `leadership PAC' means an
unauthorized multicandidate political committee that is
established, financed, maintained, and controlled by an
individual who is a Federal officeholder or a candidate for
Federal office.''.
(c) Full and Detailed Accounting.--Section 5(c)(1) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1604(c)(1)) is amended by striking
``shall be rounded to the nearest $20,000'' and inserting ``shall be
rounded to the nearest $1,000''.
(d) Notification of Members.--Section 6 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1605) is amended in paragraph (2) by striking
``review, and, where necessary'' and inserting ``review and--
``(A) if a report states (under section 5(b)(9) or
otherwise) that a Member of Congress was contacted,
immediately notify that Member of that report; and
``(B) where necessary,''.
SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.
(a) Disclosure of Paid Efforts to Stimulate Grassroots Lobbying.--
Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is
amended--
(1) in paragraph (7), by adding at the end the following:
``Lobbying activities include paid efforts to stimulate
grassroots lobbying, but do not include grassroots lobbying.'';
and
(2) by adding at the end the following:
``(18) Grassroots lobbying.--The term `grassroots lobbying'
means the voluntary efforts of members of the general public to
communicate their own views on an issue to Federal officials or
to encourage other members of the general public to do the
same.
``(19) Paid efforts to stimulate grassroots lobbying.--The
term `paid efforts to stimulate grassroots lobbying'--
``(A) means any paid attempt to influence the
general public, or segments thereof, to engage in
grassroots lobbying or lobbying contacts; and
``(B) does not include any attempt described in
subparagraph (A) by a person or entity directed to its
members, employees, officers or shareholders, unless
such attempt is financed with funds directly or
indirectly received from or arranged by a lobbyist or
other registrant under this Act retained by another
person or entity.
``(20) Grassroots lobbying firm.--The term `grassroots
lobbying firm' means a person or entity that--
``(A) is retained by 1 or more clients to engage in
paid efforts to stimulate grassroots lobbying on behalf
of such clients; and
``(B) receives income of, or spends or agrees to
spend, an aggregate of $50,000 or more for such efforts
in any quarterly period.''.
(b) Registration.--Section 4(a) of the Act (2 U.S.C. 1603(a)) is
amended--
(1) in paragraph (1), by striking ``45'' and inserting
``20'';
(2) in the flush matter at the end of paragraph (3)(A)--
(A) by striking ``as estimated'' and inserting ``as
included''; and
(B) by adding at the end the following: ``For
purposes of clauses (i) and (ii) the term `lobbying
activities' shall not include paid efforts to stimulate
grassroots lobbying.'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) Grassroots lobbying firms.--Not later than 20 days
after a grassroots lobbying firm first is retained by a client
to engage in paid efforts to stimulate grassroots lobbying,
such grassroots lobbying firm shall register with the Secretary
of the Senate and the Clerk of the House of Representatives.''.
(c) Separate Itemization of Paid Efforts to Stimulate Grassroots
Lobbying.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (3), by--
(A) inserting after ``total amount of all income''
the following: ``(including a separate good faith
estimate of the total amount relating specifically to
paid efforts to stimulate grassroots lobbying and,
within that amount, a good faith estimate of the total
amount specifically relating to paid advertising)'';
and
(B) striking ``and'' after the semicolon;
(2) in paragraph (4), by--
(A) inserting after ``total expenses'' the
following: ``(including a good faith estimate of the
total amount relating specifically to paid efforts to
stimulate grassroots lobbying and, within that total
amount, a good faith estimate of the total amount
specifically relating to paid advertising)''; and
(B) striking the period and inserting a semicolon;
(3) by adding at the end the following:
``(5) in the case of a grassroots lobbying firm, for each
client--
``(A) a good faith estimate of the total
disbursements made for grassroots lobbying activities,
and a subtotal for disbursements made for grassroots
lobbying through paid advertising;
``(B) identification of each person or entity other
than an employee who received a disbursement of funds
for grassroots lobbying activities of $10,000 or more
during the period and the total amount each person or
entity received; and
``(C) if such disbursements are made through a
person or entity who serves as an intermediary or
conduit, identification of each such intermediary or
conduit, identification of the person or entity who
receives the funds, and the total amount each such
person or entity received.''; and
(4) by adding at the end the following:
``Subparagraphs (B) and (C) of paragraph (2) shall not apply with
respect to reports relating to paid efforts to stimulate grassroots
lobbying activities.''.
(d) Large Grassroots Expenditure.--Section 5(a) of the Act (2
U.S.C. 1604(a)) is amended--
(1) by striking ``No later'' and inserting:
``(1) In general.--Except as provided in paragraph (2), not
later''; and
(2) by adding at the end the following:
``(2) Large grassroots expenditure.--A registrant that is a
grassroots lobbying firm and that receives income of, or spends
or agrees to spend, an aggregate amount of $250,000 or more on
paid efforts to stimulate grassroots lobbying for a client, or
for a group of clients for a joint effort, shall file--
``(A) a report under this section not later than 20
days after receiving, spending, or agreeing to spend
that amount; and
``(B) an additional report not later than 20 days
after each time such registrant receives income of, or
spends or agrees to spend, an aggregate amount of
$250,000 or more on paid efforts to stimulate
grassroots lobbying for a client, or for a group of
clients for a joint effort.''.
SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--Paragraph (2) of section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as follows:
``(2) Client.--
``(A) In general.--The term `client' means any
person or entity that employs or retains another person
for financial or other compensation to conduct lobbying
activities on behalf of that person or entity. A person
or entity whose employees act as lobbyists on its own
behalf is both a client and an employer of such
employees.
``(B) Treatment of coalitions and associations.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), in the case of a
coalition or association that employs or
retains other persons to conduct lobbying
activities, each of the individual members of
the coalition or association (and not the
coalition or association) is the client. For
purposes of section 4(a)(3), the preceding
sentence shall not apply, and the coalition or
association shall be treated as the client.
``(ii) Exception for certain tax-exempt
associations.--In case of an association--
``(I) which is described in
paragraph (3) of section 501(c) of the
Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of
such Code, or
``(II) which is described in any
other paragraph of section 501(c) of
the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of
such Code and which has substantial
exempt activities other than lobbying
with respect to the specific issue for
which it engaged the person filing the
registration statement under section 4,
the association (and not its members) shall be
treated as the client.
``(iii) Exception for certain members.--
``(I) In general.--Information on a
member of a coalition or association
need not be included in any
registration under section 4 if the
amount reasonably expected to be
contributed by such member toward the
activities of the coalition or
association of influencing legislation
is less than $500 per any quarterly
period.
``(II) Exception.--Subclause (I)
shall not apply with respect to any
member who unexpectedly makes aggregate
contributions of more than $500 in any
quarterly period, and the date the
aggregate of such contributions first
exceeds $500 in such period shall be
treated as the date of first employment
or retention to make a lobbying contact
for purposes of section 4.
``(III) No donor or membership list
disclosure.--No disclosure is required
under this Act if it is publicly
available knowledge that the
organization that would be identified
is affiliated with the client or has
been publicly disclosed to have
provided funding to the client, unless
the organization in whole or in major
part plans, supervises or controls such
lobbying activities. Nothing in this
paragraph shall be construed to require
the disclosure of any information about
individuals who are members of, or
donors to, an entity treated as a
client by this Act or an organization
identified under this paragraph.''.
``(iv) Look-thru rules.--In the case of a
coalition or association which is treated as a
client under the first sentence of clause (i)--
``(I) such coalition or association
shall be treated as employing or
retaining other persons to conduct
lobbying activities for purposes of
determining whether any individual
member thereof is treated as a client
under clause (i), and
``(II) information on such
coalition or association need not be
included in any registration under
section 4 of the coalition or
association with respect to which it is
treated as a client under clause
(i).''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) coalitions and associations listed on
registration statements filed under section 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) after
the date of the enactment of this Act, and
(B) coalitions and associations for whom any
lobbying contact is made after the date of the
enactment of this Act.
(2) Special rule.--In the case of any coalition or
association to which the amendments made by this Act apply by
reason of paragraph (1)(B), the person required by such section
4 to file a registration statement with respect to such
coalition or association shall file a new registration
statement within 30 days after the date of the enactment of
this Act.
SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE AND
CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(b)(6)) is amended by striking ``or a covered legislative branch
official'' and all that follows through ``as a lobbyist on behalf of
the client,'' and inserting ``or a covered legislative branch
official,''.
SEC. 207. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.
(a) Database Required.--Section 6 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1605) is further amended--
(1) in paragraph (7) by striking ``and'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) maintain, and make available to the public over the
Internet, without a fee or other access charge, in a
searchable, sortable, and downloadable manner, an electronic
database that--
``(A) includes the information contained in
registrations and reports filed under this Act;
``(B) directly links the information it contains to
the information disclosed in reports filed with the
Federal Election Commission under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
and
``(C) is searchable and sortable to the maximum
extent practicable, including searchable and sortable
by each of the categories of information described in
section 4(b) or 5(b).''.
(b) Availability of Reports.--Section 6 of such Act is further
amended in paragraph (4) by inserting before the semicolon at the end
the following: ``and, in the case of a report filed in electronic form
pursuant to section 5(d), shall make such report available for public
inspection over the Internet not more than 48 hours after the report is
so filed''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out paragraph (9)
of section 6 of such Act, as added by subsection (a).
SEC. 208. CONFORMING AMENDMENT.
The requirements of this Act shall not apply to the activities of
any political committee described in section 301(4) of the Federal
Election Campaign Act of 1971.
TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS
SEC. 301. BAN ON GIFTS FROM LOBBYISTS.
(a) In General.--Clause 5(a)(1)(A) of rule XXV of the Rules of the
House of Representatives is amended by inserting ``(i)'' after ``(A)''
and adding at the end the following:
``(ii) A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not knowingly accept a gift from a registered
lobbyist or agent of a foreign principal or from a nongovernmental
organization that retains or employs registered lobbyists or agents of
a foreign principal except as provided in subparagraphs (2)(B) or (3)
of this paragraph.''.
(b) Rules Committee Review.--The Committee on Rules shall review
the present exceptions to the House gift rule and make recommendations
to the House not later than 3 months after the date of enactment of
this Act on eliminating all but those which are absolutely necessary to
effectuate the purpose of the rule.
SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL.
Clause 5(b)(1)(A) of rule XXV of the Rules of the House of
Representatives is amended by inserting ``or from a nongovernmental
organization that retains or employs registered lobbyists or agents of
a foreign principal'' after ``foreign principal''.
SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION IN
CONGRESSIONAL TRAVEL.
(a) In General.--Clause 5 of rule XXV of the Rules of the House of
Representatives is amended by redesignating paragraphs (e) and (f) as
paragraphs (g) and (h), respectively, and by inserting after paragraph
(d) the following:
``(e) A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not accept transportation or lodging on any
trip that is planned, organized, requested, arranged, or financed in
whole or in part by a lobbyist or agent of a foreign principal, or in
which a lobbyist participates.
``(f) Before a Member, Delegate, Resident Commissioner, officer, or
employee of the House may accept transportation or lodging otherwise
permissible under this paragraph from any person, such individual shall
obtain 30 days before such trip a written certification from such
person (and provide a copy of such certification to the Committee on
Standards of Official Conduct) that--
``(1) the trip was not planned, organized, requested,
arranged, or financed in whole, or in part by a registered
lobbyist or agent of a foreign principal and was not organized
at the request of a registered lobbyist or agent of a foreign
principal;
``(2) registered lobbyists will not participate in or
attend the trip; and
``(3) the person did not accept, from any source, funds
specifically earmarked for the purpose of financing the travel
expenses.
The Committee on Standards of Official Conduct shall make public
information received under this paragraph as soon as possible after it
is received.''.
(b) Conforming Amendments.--Clause 5(b)(3) of rule XXV of the Rules
of the House of Representatives is amended--
(1) by striking ``of expenses reimbursed or to be
reimbursed'';
(2) in subdivision (E), by striking ``and'' after the
semicolon;
(3) in subdivision (F), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(G) a description of meetings and events attended during
such travel, except when disclosure of such information is
deemed by the Member or supervisor under whose direct
supervision the employee works to jeopardize the safety of an
individual or otherwise interfere with the official duties of
the Member, Delegate, Resident Commissioner, officer, or
employee.''.
(c) Public Availability.--Subparagraph (5) of rule XXV of the Rules
of the House of Representatives is amended to read as follows:
``(e) The Clerk of the House shall make available to the public all
advance authorizations, certifications, and disclosures filed pursuant
to subparagraphs (1) and subparagraph (3)(H) as soon as possible after
they are received.''.
SEC. 304. REIMBURSEMENT AND DISCLOSURE OF NONCOMMERCIAL TRAVEL.
(a) Market Value.--Clause 5(a)(3) of rule XXV of the Rules of the
House of Representatives is amended by inserting ``(i)'' after ``(A)''
and by adding at the end the following:
``(ii) Market value for a flight on an airplane that is not
licensed by the Federal Aviation Administration to operate for
compensation or hire, taken in connection with the official
duties of a Member, Delegate, Resident Commissioner, officer,
or employee, shall be the fair market value of a charter
flight. The Committee on Standards of Official Conduct shall
make public information received under this item as soon as
possible after it is received.''.
(b) Disclosure.--Clause 5 of rule XXV of the Rules of the House of
Representatives is amended by adding at the end the following:
``(g) A Member, Delegate, Resident Commissioner, officer, or
employee of the House who takes a flight described in paragraph
(a)(3)(A)(ii) shall, with respect to the flight, cause to be published
in the Congressional Record within 10 days after the flight--
``(1) the name of the owner or lessee of the aircraft;
``(2) the date of the flight;
``(3) the destination of the flight;
``(4) who else was on the flight, other than those
operating the plane;
``(5) the purpose of the trip; and
``(6) the reason that a commercial airline was not used.''.
SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAVEL.
Rule XXV of the Rules of the House of Representatives (as amended
by section 304(b) is further amended by adding at the end the
following:
``(h) Not later than 90 days after the date of adoption of this
paragraph and at annual intervals thereafter, the Committee on House
Administration shall develop and revise, as necessary, guidelines on
what constitutes `reasonable expenses' or `reasonable expenditures' for
purposes of this rule. In developing and revising the guidelines, the
committee shall take into account the maximum per diem rates for
official Government travel published annually by the General Services
Administration, the Department of State, and the Department of
Defense.''.
TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS
SEC. 401. OFFICE OF PUBLIC INTEGRITY.
(a) Establishment.--There is established within the Office of
Inspector General of the House of Representatives an office to be known
as the ``Office of Public Integrity'' (referred to in this section as
the ``Office''), which shall be headed by a Director of Public
Integrity (hereinafter referred to as the ``Director'').
(b) Office.--The Office shall have access to all lobbyists'
disclosure information received by the Clerk under the Lobbying
Disclosure Act of 1995 and conduct such audits and investigations as
are necessary to ensure compliance with the Act.
(c) Referral Authority.--The Office shall have authority to refer
violations of the Lobbying Disclosure Act of 1995 to the Committee on
Standards of Official Conduct and the Department of Justice for
disciplinary action, as appropriate.
(d) Director.--
(1) In general.--The Director shall be appointed by the
Inspector General of the House. Any appointment made under this
subsection shall be made without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the position. Any person appointed as Director shall
be learned in the law, a member of the bar of a State or the
District of Columbia, and shall not engage in any other
business, vocation, or employment during the term of such
appointment.
(2) Staff.--The Director shall hire such additional staff
as are required to carry out this section, including
investigators and accountants.
(e) Audits and Investigations.--
(1) In general.--The Office shall audit lobbying
registrations and reports filed pursuant to the Lobbying
Disclosure Act of 1995 to determine the extent of compliance or
non-compliance with the requirements of such Act by lobbyists
and their clients.
(2) Evidence of non-compliance.--If in the course an audit
conducted pursuant to the requirements of paragraph (1), the
Office obtains information indicating that a person or entity
may be in non-compliance with the requirements of the Lobbying
Disclosure Act of 1995, the Office shall refer the matter to
the United States Attorney for the District of Columbia.
(f) Conforming Amendment.--Section 8 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1607) is amended by striking subsection (c).
(g) Authorization of Appropriations.--There are authorized to be
appropriated in a separate account such sums as are necessary to carry
out this section.
SEC. 402. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO COMPLY
WITH LOBBYING DISCLOSURE REQUIREMENTS.
Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is
amended--
(1) by inserting `` (a) Civil Penalty.--'' before
``Whoever'';
(2) by striking ``$50,000'' and inserting ``$100,000''; and
(3) by adding at the end the following:
``(b) Criminal Penalty.--
``(1) In general.--Whoever knowingly and wilfully fails to
comply with any provision of this section shall be imprisoned
for not more than 5 years, or fined under title 18, United
States Code, or both.
``(2) Corruptly.--Whoever knowingly, wilfully, and
corruptly fails to comply with any provision of this section
shall be imprisoned for not more than 10 years, or fined under
title 18, United States Code, or both.''.
SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNECTION WITH
CONGRESSIONAL TRAVEL.
(a) Civil Fine.--
(1) In general.--Whoever makes a false certification in
connection with the travel of a Member, officer, or employee of
either House of Congress (within the meaning given those terms
in section 207 of title 18, United States Code), under clause 5
of rule XXV of the Rules of the House of Representatives,
shall, upon proof of such offense by a preponderance of the
evidence, be subject to a civil fine depending on the extent
and gravity of the violation.
(2) Maximum fine.--The maximum fine per offense under this
section depends on the number of separate trips in connection
with which the person committed an offense under this
subsection, as follows:
(A) First trip.--For each offense committed in
connection with the first such trip, the amount of the
fine shall be not more than $100,000 per offense.
(B) Second trip.--For each offense committed in
connection with the second such trip, the amount of the
fine shall be not more than $300,000 per offense.
(C) Any other trips.--For each offense committed in
connection with any such trip after the second, the
amount of the fine shall be not more than $500,000 per
offense.
(3) Enforcement.--The Attorney General may bring an action
in United States district court to enforce this subsection.
(b) Criminal Penalty.--
(1) In general.--Whoever knowingly and wilfully fails to
comply with any provision of this section shall be imprisoned
for not more than 5 years, or fined under title 18, United
States Code, or both.
(2) Corruptly.--Whoever knowingly, wilfully, and corruptly
fails to comply with any provision of this section shall be
imprisoned for not more than 10 years, or fined under title 18,
United States Code, or both.
SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR HOUSE EMPLOYEES.
(a) Ethics Training.--
(1) In general.--The Committee on Standards of Official
Conduct shall provide annual ethics training to each employee
of the House which shall include knowledge of the Official Code
of Conduct and related House rules.
(2) New employees.--A new employee of the House shall
receive training under this section not later than 60 days
after beginning service to the House.
(b) Certification.--Not later than January 31 of each year, each
employee of the House shall file a certification with the Committee on
Standards of Official Conduct that the employee attended ethics
training in the last year as established by this section.
TITLE V--OPEN GOVERNMENT
SEC. 501. FISCAL RESPONSIBILITY.
(a) Reconciliation.--Clause 10 of rule XVIII of the Rules of the
House of Representatives is amended by adding at the end the following
new paragraph:
``(d) It shall not be in order to consider any reconciliation
legislation which has the net effect of reducing the surplus or
increasing the deficit compared to the most recent Congressional Budget
Office estimate for any fiscal year.''.
(b) Application of Points of Order Under Congressional Budget Act
to All Bills and Joint Resolutions Considered Under Special Orders of
Business.--Rule XXI of the Rules of the House of Representatives is
amended by adding at the end the following new clause:
``7. For purposes of applying section 315 of the Congressional
Budget and Impoundment Control Act of 1974, the term `as reported'
under such section shall be considered to include any bill or joint
resolution considered in the House pursuant to a special order of
business.''.
SEC. 502. CURBING ABUSES OF POWER.
(a) Limit on Time Permitted for Recorded Electronic Votes.--Clause
2(a) of rule XX of the Rules of the House of Representatives is amended
by inserting after the second sentence the following sentence: ``The
maximum time for a record vote by electronic device shall be 20
minutes, except that the time may be extended with the consent of both
the majority and minority floor managers of the legislation involved or
both the majority leader and the minority leader.''.
(b) Congressional Integrity.--Rule XXIII of the Rules of the House
of Representatives (the Code of Official Conduct) is amended--
(1) by redesignating clause 14 as clause 16; and
(2) by inserting after clause 13 the following new clauses:
``14. A Member, Delegate, or Resident Commissioner shall not
condition the inclusion of language to provide funding for a district-
oriented earmark, a particular project which will be carried out in a
Member's congressional district, in any bill or joint resolution (or an
accompanying report thereof) or in any conference report on a bill or
joint resolution (including an accompanying joint statement of managers
thereto) on any vote cast by the Member, Delegate, or Resident
Commissioner in whose Congressional district the project will be
carried out.
``15. (a) A Member, Delegate, or Resident Commissioner who
advocates to include a district-oriented earmark in any bill or joint
resolution (or an accompanying report) or in any conference report on a
bill or joint resolution (including an accompanying joint statement of
managers thereto) shall disclose in writing to the chairman and ranking
member of the relevant committee (and in the case of the Committee on
Appropriations to the chairman and ranking member of the full committee
and of the relevant subcommittee)--
``(1) the name of the Member, Delegate, or Resident
Commissioner;
``(2) the name and address of the intended recipient of
such earmark;
``(3) the purpose of such earmark; and
``(4) whether the Member, Delegate, or Resident
Commissioner has a financial interest in such earmark.
``(b) Each committee shall make available to the general public the
information transmitted to the committee under paragraph (a) for any
earmark included in any measure reported by the committee or conference
report filed by the chairman of the committee or any subcommittee
thereof.
``(c) The Joint Committee on Taxation shall review any revenue
measure or any reconciliation bill or joint resolution which includes
revenue provisions before it is reported by a committee and before it
is filed by a committee of conference of the two Houses, and shall
identify whether such bill or joint resolution contains any limited tax
benefits. The Joint Committee on Taxation shall prepare a statement
identifying any such limited tax benefits, stating who the
beneficiaries are of such benefits, and any substantially similar
introduced measures and the sponsors of such measures. Any such
statement shall be made available to the general public by the Joint
Committee on Taxation.''.
(c) Restrictions on Reporting Certain Rules.--Clause 6(c) of rule
XIII of the Rules of the House of Representatives is amended--
(1) by striking ``or'' at the end of subparagraph (1);
(2) by striking the period at the end of subparagraph (2)
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(3) a rule or order for consideration of a bill or joint
resolution reported by a committee that makes in order as
original text for purposes of amendment, text which differs
from such bill or joint resolution as recommended by such
committee to be amended unless the rule or order also makes in
order as preferential a motion to amend that is neither
divisible nor amendable but, if adopted will be considered
original text for purposes of amendment, if requested by the
chairman or ranking minority member of the reporting committee,
and such rule or order shall waive all necessary points of
order against that amendment only if it restores all or part of
the text of the bill or joint resolution as recommended by such
committee or strikes some or all of the original text inserted
by the Committee on Rules that was not contained in the
recommended version;
``(4) a rule or order that waives any points of order
against consideration of a bill or joint resolution, against
provisions in the measure, or against consideration of
amendments recommended by the reporting committee unless the
rule or order makes in order and waives the same points of
order against one germane amendment if requested by the
minority leader or a designee;
``(5) a rule or order that waives clause 10(d) of rule
XVIII, unless the majority leader and minority leader each
agree to the waiver and a question of consideration of the rule
is adopted by a vote of two-thirds of the Members voting, a
quorum being present; or
``(6) a rule or order that waives clause 12(a) of rule
XXII.''.
SEC. 503. ENDING 2-DAY WORK WEEKS.
Rule XV of the Rules of the House of Representatives is amended by
adding at the end the following new clause:
``8. It shall not be in order to consider a resolution providing
for adjournment sine die unless, during at least 20 weeks of the
session, a quorum call or recorded vote was taken on at least 4 of the
weekdays (excluding legal public holidays).''.
SEC. 504. KNOWING WHAT THE HOUSE IS VOTING ON.
(a) Bills and Joint Resolutions.--
(1) In general.--Rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following
new clause:
``8. Except for motions to suspend the rules and consider
legislation, it shall not be in order to consider in the House a bill
or joint resolution until 24 hours after or, in the case of a bill or
joint resolution containing a district-oriented earmark or limited tax
benefit, until 3 days after copies of such bill or joint resolution
(and, if the bill or joint resolution is reported, copies of the
accompanying report) are available (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a day).''.
(2) Prohibiting waiver.--Clause 6(c) of rule XIII of the
Rules of the House of Representatives, as amended by section
3(a), is further amended--
(A) by striking ``or'' at the end of subparagraph
(5);
(B) by striking the period at the end of
subparagraph (6) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(7) a rule or order that waives clause 8 of rule XIII or
clause 8(a)(1)(B) of rule XXII, unless a question of
consideration of the rule is adopted by a vote of two-thirds of
the Members voting, a quorum being present.''.
(b) Conference Reports.--Clause 8(a)(1)(B) of rule XXII of the
Rules of the House of Representatives is amended by striking ``2
hours`` and inserting ``24 hours or, in the case of a conference report
containing a district-oriented earmark or limited tax benefit, until 3
days after''.
SEC. 505. FULL AND OPEN DEBATE IN CONFERENCE.
(a) Numbered Amendments.--Clause 1 of rule XXII of the Rules of the
House of Representatives is amended by adding at the end the following
new sentence: ``A motion to request or agree to a conference on a
general appropriation bill is in order only if the House expresses its
disagreements with the House in the form of numbered amendments.''.
(b) Promoting Openness in Deliberations of Managers.--Clause 12(a)
of rule XXII of the Rules of the House of Representatives is amended by
adding at the end the following new subparagraph:
``(3) All provisions on which the two Houses disagree shall be open
to discussion at any meeting of a conference committee. The text which
reflects the conferees' action on all of the differences between the
two Houses, including all matter to be included in the conference
report and any amendments in disagreement, shall be available to any of
the managers at least one such meeting, and shall be approved by a
recorded vote of a majority of the House managers. Such text and, with
respect to such vote, the total number of votes cast for and against,
and the names of members voting for and against, shall be included in
the joint explanatory statement of managers accompanying the conference
report of such conference committee.''.
(c) Point of Order Against Consideration of Conference Report Not
Reflecting Resolution of Differences as Approved.--
(1) In general.--Rule XXII of the Rules of the House of
Representatives is amended by adding at the end the following
new clause:
``13. It shall not be in order to consider a conference report the
text of which differs in any material way from the text which reflects
the conferees' action on all of the differences between the two Houses,
as approved by a recorded vote of a majority of the House managers as
required under clause 12(a).''.
(2) Prohibiting waiver.--Clause 6(c)(6) of rule XIII of the
Rules of the House of Representatives, as added by section
3(c)(3), is further amended by striking ``clause 12(a)'' and
inserting ``clause 12(a) or clause 13''.
TITLE VI--ANTI-CRONYISM AND PUBLIC SAFETY
SEC. 601. MINIMUM REQUIREMENTS FOR POLITICAL APPOINTEES HOLDING PUBLIC
SAFETY POSITIONS.
(a) In General.--A public safety position may not be held by any
political appointee who does not meet the requirements of subsection
(b).
(b) Minimum Requirements.--An individual shall not, with respect to
any position, be considered to meet the requirements of this subsection
unless such individual--
(1) has academic, management, and leadership credentials in
one or more areas relevant to such position;
(2) has a superior record of achievement in one or more
areas relevant to such position;
(3) has training and expertise in one or more areas
relevant to such position; and
(4) has not, within the 2-year period ending on the date of
such individual's nomination for or appointment to such
position, been a lobbyist for any entity or other client that
is subject to the authority of the agency within which, if
appointed, such individual would serve.
(c) Political Appointee.--For purposes of this section, the term
``political appointee'' means any individual who--
(1) is employed in a position listed in sections 5312
through 5316 of title 5, United States Code (relating to the
Executive Schedule);
(2) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service; or
(3) is employed in the executive branch of the Government
in a position which has been excepted from the competitive
service by reason of its policy-determining, policy-making, or
policy-advocating character.
(d) Public Safety Position.--For purposes of this section, the term
``public safety position'' means--
(1) the Under Secretary for Emergency Preparedness and
Response, Department of Homeland Security;
(2) the Director of the Federal Emergency Management
Agency, Department of Homeland Security;
(3) each regional director of the Federal Emergency
Management Agency, Department of Homeland Security;
(4) the Recovery Division Director of the Federal Emergency
Management Agency, Department of Homeland Security;
(5) the Assistant Secretary for Immigration and Customs
Enforcement, Department of Homeland Security;
(6) the Assistant Secretary for Public Health Emergency
Preparedness, Department of Health and Human Services;
(7) the Assistant Administrator for Solid Waste and
Emergency Response, Environmental Protection Agency; and
(8) any position (not otherwise identified under any of the
preceding provisions of this subsection) a primary function of
which involves responding to a direct threat to life or
property or a hazard to health, as identified by the head of
each employing agency in consultation with the Office of
Personnel Management.
Beginning not later than 30 days after the date of the enactment of
this Act, the head of each agency shall maintain on such agency's
public website a current list of all public safety positions within
such agency.
(e) Coordination With Other Requirements.--The requirements set
forth in subsection (b) shall be in addition to, and not in lieu of,
any requirements that might otherwise apply with respect to any
particular position.
(f) Definitions.--For purposes of this section--
(1) the term ``agency'' means an Executive agency (as
defined by section 105 of title 5, United States Code);
(2) the terms ``limited term appointee'', ``limited
emergency appointee'', and ``noncareer appointee'' have the
respective meanings given them by section 3132 of such title 5;
(3) the term ``Senior Executive Service'' has the meaning
given such term by section 2101a of such title 5;
(4) the term ``competitive service'' has the meaning given
such term by section 2102 of such title 5; and
(5) the terms ``lobbyist'' and ``client'' have the
respective meanings given them by section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602).
SEC. 602. EFFECTIVE DATE.
This title shall apply with respect to any appointment made after
the end of the 30-day period beginning on the date of the enactment of
this Act.
TITLE VII--ZERO TOLERANCE FOR CONTRACT CHEATERS
SEC. 701. PUBLIC AVAILABILITY OF FEDERAL CONTRACT AWARDS.
(a) Amendment.--The Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.) is amended by inserting after section 19 the
following new section:
``SEC. 19A. PUBLIC AVAILABILITY OF CONTRACT AWARD INFORMATION.
``Not later than 14 days after the award of a contract by an
executive agency, the head of the executive agency shall make publicly
available, including by posting on the Internet in a searchable
database, the following information with respect to the contract:
``(1) The name and address of the contractor.
``(2) The date of award of the contract.
``(3) The number of offers received in response to the
solicitation.
``(4) The total amount of the contract.
``(5) The contract type.
``(6) The items, quantities, and any stated unit price of
items or services to be procured under the contract.
``(7) With respect to a procurement carried out using
procedures other than competitive procedures--
``(A) the authority for using such procedures under
section 303(c) of title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c))
or section 2304(c) of title 10, United States Code; and
``(B) the number of sources from which bids or
proposals were solicited.
``(8) The general reasons for selecting the contractor.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of such Act is amended by inserting after the item relating to
section 19 the following new item:
``Sec. 19A. Public availability of contract award information.''.
(c) Effective Date.--The amendments made by this Act shall apply to
contracts entered into more than 90 days after the date of the
enactment of this Act.
SEC. 702. PROHIBITION ON AWARD OF MONOPOLY CONTRACTS.
(a) Civilian Agency Contracts.--
(1) Paragraph (3) of section 303H(d) of title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253h(d)) is amended to read as follows:
``(3)(A) The regulations implementing this subsection shall
prohibit the award of monopoly contracts.
``(B) In this subsection, the term `monopoly contract'
means a task or delivery order contract in an amount estimated
to exceed $10,000,000 (including all options) awarded to a
single contractor.
``(C) Notwithstanding subparagraph (A), a monopoly contract
may be awarded if the head of the agency determines in writing
that--
``(i) for one of the reasons set forth in section
303(c), a single task or delivery order contract is in
the best interest of the Federal Government; or
``(ii) the task orders expected under the contract
are so integrally related that only a single contractor
can reasonably perform the work.''.
(2) Section 303H(d)(1) of such Act is amended by striking
``The head'' and inserting ``Subject to paragraph (3), the
head''.
(3) Subsection (e) of section 303I of such Act (41 United
States Code 253i) is amended to read as follows:
``(e) Multiple Awards.--Section 303H(d) applies to a task or
delivery order contract for the procurement of advisory and assistance
services under this section.''.
(b) Defense Contracts.--
(1) Section 2304a(d) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) The regulations implementing this subsection shall
prohibit the award of monopoly contracts.
``(B) In this subsection, the term `monopoly contract'
means a task or delivery order contract in an amount estimated
to exceed 10,000,000 (including all options) awarded to a
single contractor.
``(C) Notwithstanding subparagraph (A), a monopoly contract
may be awarded if the head of the agency determines in writing
that--
``(i) for one of the reasons set forth in section
2304(c), a single task or delivery order contract is in
the best interest of the Federal Government; or
``(ii) the task orders expected under the contract
are so integrally related that only a single contractor
can reasonably perform the work.''.
(2) Section 2304a(d)(1) of such title is amended by
striking ``The head'' and inserting ``Subject to paragraph (4),
the head''.
(3) Subsection (e) of section 2304b of such title is
amended to read as follows:
``(e) Multiple Awards.--Section 2304a(d) of this title applies to a
task or delivery order contract for the procurement of advisory and
assistance services under this section.''.
SEC. 703. COMPETITION IN MULTIPLE AWARD CONTRACTS.
(a) Expansion of Applicability to All Government Contracts.--Title
III of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.) is amended by inserting after section 303M the
following new section:
``SEC. 303N. COMPETITION IN MULTIPLE AWARD CONTRACTS.
``(a) Regulations Required.--Not later than 180 days after the date
of the enactment of this section, the Federal Acquisition Regulation
shall be revised to require competition in the purchase of goods and
services by each executive agency pursuant to multiple award contracts.
``(b) Content of Regulations.--(1) The regulations required by
subsection (a) shall provide, at a minimum, that each individual
purchase of goods or services in excess of $100,000 that is made under
a multiple award contract shall be made on a competitive basis unless a
contracting officer of the executive agency--
``(A) waives the requirement on the basis of a
determination that--
``(i) one of the circumstances described in
paragraphs (1) through (4) of section 303J(b) applies
to such individual purchase; or
``(ii) a statute expressly authorizes or requires
that the purchase be made from a specified source; and
``(B) justifies the determination in writing.
``(2) For purposes of this subsection, an individual purchase of
goods or services is made on a competitive basis only if it is made
pursuant to procedures that--
``(A) require fair notice of the intent to make that
purchase (including a description of the work to be performed
and the basis on which the selection will be made) to be
provided to all contractors offering such goods or services
under the multiple award contract; and
``(B) afford all contractors responding to the notice a
fair opportunity to make an offer and have that offer fairly
considered by the official making the purchase.
``(3) Notwithstanding paragraph (2), notice may be provided to
fewer than all contractors offering such goods or services under a
multiple award contract described in subsection (c)(2)(A) if notice is
provided to as many contractors as practicable.
``(4) A purchase may not be made pursuant to a notice that is
provided to fewer than all contractors under paragraph (3) unless--
``(A) offers were received from at least three qualified
contractors; or
``(B) a contracting officer of the executive agency
determines in writing that no additional qualified contractors
were able to be identified despite reasonable efforts to do so.
``(5) For purposes of paragraph (2), fair notice means notice of
intent to make a purchase under a multiple award contract posted, at
least 14 days before the purchase is made, on the website maintained by
the General Services Administration known as FedBizOpps.gov (or any
successor site).
``(c) Definitions.--In this section:
``(1) The term `individual purchase' means a task order,
delivery order, or other purchase.
``(2) The term `multiple award contract' means--
``(A) a contract that is entered into by the
Administrator of General Services under the multiple
award schedule program referred to in section
309(b)(3);
``(B) a multiple award task order contract that is
entered into under the authority of sections 2304a
through 2304d of title 10, United States Code, or
sections 303H through 303K; and
``(C) any other indefinite delivery, indefinite
quantity contract that is entered into by the head of
an executive agency with two or more sources pursuant
to the same solicitation.
``(d) Applicability.--The revisions to the Federal Acquisition
Regulation pursuant to subsection (a) shall take effect not later than
180 days after the date of the enactment of this section and shall
apply to all individual purchases of goods or services that are made
under multiple award contracts on or after the effective date, without
regard to whether the multiple award contracts were entered into
before, on, or after such effective date.''.
(b) Conforming Amendments to Defense Contract Provision.--Section
803 of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 10 U.S.C. 2304 note) is amended as follows:
(1) Goods covered.--
(A) The section heading is amended by inserting
``goods or'' before ``services''.
(B) Subsection (a) is amended by inserting ``goods
and'' before ``services''.
(C) The following provisions are amended by
inserting ``goods or'' before ``services'' each place
it appears:
(i) Paragraphs (1), (2), and (3) of
subsection (b).
(ii) Subsection (d).
(D) Such section is amended by adding at the end
the following new subsection:
``(e) Applicability to Goods.--The Secretary shall revise the
regulations promulgated pursuant to subsection (a) to cover purchases
of goods by the Department of Defense pursuant to multiple award
contracts. The revised regulations shall take effect in final form not
later than 180 days after the date of the enactment of this subsection
and shall apply to all individual purchases of goods that are made
under multiple award contracts on or after the effective date, without
regard to whether the multiple award contracts were entered into
before, on, or after such effective date.''.
(2) Expansion of notice requirements.--Subsection (b) is
amended by adding at the end the following new paragraph:
``(5) For purposes of paragraph (2), fair notice means
notice of intent to make a purchase under a multiple award
contract posted, at least 14 days before the purchase is made,
on the website maintained by the General Services
Administration known as FedBizOpps.gov (or any successor
site).''.
SEC. 704. SUSPENSION AND DEBARMENT OF UNETHICAL CONTRACTORS.
(a) Civilian Agency Contractors.--(1) Title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.) is amended by inserting after section 303N, as added by section
703, the following new section:
``SEC. 303O. SUSPENSION AND DEBARMENT OF UNETHICAL CONTRACTORS.
``(a) In General.--No prospective contractor may be awarded a
contract with an agency unless the contracting officer for the contract
determines that such prospective contractor has a satisfactory record
of integrity and business ethics.
``(b) Definition.--No prospective contractor shall be considered to
have a satisfactory record of integrity and business ethics if it--
``(1) has exhibited a pattern of overcharging the
Government under Federal contracts;
``(2) has exhibited a pattern of failing to comply with the
law, including tax, labor and employment, environmental,
antitrust, and consumer protection laws; or
``(3) has an outstanding debt with a Federal agency in a
delinquent status.''
(2) The table of sections at the beginning of such Act is amended
by inserting after the item relating to section 303N, as added by
section 703, the following new item:
``Sec. 303O. Suspension and debarment of unethical contractors.''.
(b) Defense Contractors.--(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2305a the following
new section:
``Sec. 2305b. Suspension and debarment of unethical contractors
``Section 303O of the Federal Property and Administrative Services
Act of 1949 shall apply to a prospective contractor that may be awarded
a contract with an agency under this title in the same manner as such
section applies to a prospective contractor that may be awarded a
contract with an agency covered by that section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2305a the
following new item:
``2305b. Suspension and debarment of unethical contractors.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contracts for which solicitations are issued
after the date of the enactment of this Act.
SEC. 705. CRIMINAL SANCTIONS FOR CHEATING TAXPAYERS AND WARTIME FRAUD.
(a) Prohibition.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1039. Criminal sanctions for cheating taxpayers and wartime
fraud
``(a) Prohibition.--
``(1) In general.--Whoever, in any matter involving a
Federal contract or the provision of goods or services,
knowingly and willfully--
``(A) executes or attempts to execute a scheme or
artifice to defraud the United States;
``(B) falsifies, conceals, or covers up by any
trick, scheme, or device a material fact;
``(C) makes any materially false, fictitious, or
fraudulent statements or representations, or makes or
uses any materially false writing or document knowing
the same to contain any materially false, fictitious,
or fraudulent statement or entry; or
``(D) materially overvalues any good or service
with the specific intent to excessively profit from
war, military action, or relief or reconstruction
activities;
shall be fined under paragraph (2), imprisoned not more than 10
years, or both.
``(2) Fine.--A person convicted of an offense under
paragraph (1) may be fined the greater of--
``(A) $1,000,000; or
``(B) if such person derives profits or other
proceeds from the offense, not more than twice the
gross profits or other proceeds.
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(c) Venue.--A prosecution for an offense under this section may
be brought--
``(1) as authorized by chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(2) Table of sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at the
end the following:
``1039. Criminal Sanctions for Cheating Taxpayers and Wartime Fraud.''.
(d) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United
States Code, is amended by inserting ``1039,'' after ``1032,''.
(e) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United
States Code, is amended by striking ``or 1030'' and inserting ``1030,
or 1039''.
(f) Money Laundering.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting the following: ``, section 1039
(relating to Criminal Sanctions for Cheating Taxpayers and Wartime
Fraud,'' after ``liquidating agent of financial institution),''.
SEC. 706. PROHIBITION ON CONTRACTOR CONFLICTS OF INTEREST.
(a) Prohibition.--An agency may not enter into a contract for the
performance of a function relating to contract oversight with any
contractor with a conflict of interest.
(b) Definitions.--In this section:
(1) The term ``function relating to contract oversight''
includes the following specific functions:
(A) Evaluation of a contractor's performance.
(B) Evaluation of contract proposals.
(C) Development of statements of work.
(D) Services in support of acquisition planning.
(E) Contract management.
(2) The term ``conflict of interest'' includes cases in
which the contractor performing the function relating to
contract oversight, or any related entity--
(A) is performing all or some of the work to be
overseen;
(B) has a separate ongoing business relationship,
such as a joint venture or contract, with any of the
contractors to be overseen;
(C) would be placed in a position to affect the
value or performance of work it or any related entity
is doing under any other Government contract;
(D) has a reverse role with the contractor to be
overseen under one or more separate Government
contracts; and
(E) has some other relationship with the contractor
to be overseen that could reasonably appear to bias the
contractor's judgment.
(3) The term ``related entity'', with respect to a
contractor, means any subsidiary, parent, affiliate, joint
venture, or other entity related to the contractor.
(c) Contracts Relating to Inherently Governmental Functions.--An
agency may not enter into a contract for the performance of inherently
governmental functions for contract oversight (as described in subpart
7.5 of part 7 of the Federal Acquisition Regulation).
(d) Effective Date and Applicability.--This section shall take
effect on the date of enactment of this Act and shall apply to--
(1) contracts entered into on or after such date;
(2) any task or delivery order issued on or after such date
under a contract entered into before, on, or after such date;
and
(3) any decision on or after such date to exercise an
option or otherwise extend a contract for the performance of a
function relating to contract oversight regardless of whether
such contract was entered into before, on, or after the date of
enactment of this Act.
SEC. 707. DISCLOSURE OF GOVERNMENT CONTRACTOR OVERCHARGES.
(a) Quarterly Report to Congress.--
(1) The head of each Federal agency or department shall
submit to the chairman and ranking member of each committee
described in paragraph (2) on a quarterly basis a report that
includes the following:
(A) A list of audits or other reports issued during
the applicable quarter that describe contractor costs
in excess of $1,000,000 that have been identified as
unjustified, unsupported, questioned, or unreasonable
under any contract, task or delivery order, or
subcontract.
(B) The specific amounts of costs identified as
unjustified, unsupported, questioned, or unreasonable
and the percentage of their total value of the
contract, task or delivery order, or subcontract.
(C) A list of audits or other reports issued during
the applicable quarter that identify significant or
substantial deficiencies in any business system of any
contractor under any contract, task or delivery order,
or subcontract.
(2) The report described in paragraph (1) shall be
submitted to the Committee on Government Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and other committees of
jurisdiction.
(b) Submission of Individual Audits.--The head of each Federal
agency or department shall provide, within 14 days after a request in
writing by the chairman or ranking member of any of the committees
described in subsection (a)(2), a full and unredacted copy of any audit
or other report described in subsection (a)(1).
SEC. 708. PENALTIES FOR IMPROPER SOLE-SOURCE CONTRACTING PROCEDURES.
(a) Civilian Agency Contracts.--Section 303 of the Federal Property
and Administrative Services Act (41 U.S.C. 253) is amended--
(1) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Any official who knowingly and intentionally violates Federal
procurement law in the preparation or certification of a justification
for a sole-source contract, in the award of a sole-source contract, or
in directing or participating in the award of a sole-source contract,
shall be subject to administrative sanctions up to and including
termination of employment.''.
(b) Defense Agency Contracts.--Section 2304 of title 10, United
States Code, is amended--
(1) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Any official who knowingly and intentionally violates federal
procurement law in the preparation or certification of a justification
for a sole-source contract, in the award of a sole-source contract, or
in directing or participating in the award of a sole-source contract,
shall be subject to administrative sanctions up to and including
termination of employment.''.
(c) Regulations.--The Administrator for Federal Procurement Policy,
in consultation with the Director of the Office of Personnel
Management, shall issue regulations to implement the amendments made by
this section.
SEC. 709. STOPPING THE REVOLVING DOOR.
(a) Elimination of Loopholes That Allow Former Federal Officials to
Accept Compensation From Contractors or Related Entities.--
(1) Paragraph (1) of section 27(d) of the Office of Federal
Procurement Policy Act (41 U.S.C. 423(d)(1)) is amended--
(A) by striking ``or consultant'' and inserting
``consultant, lawyer, or lobbyist'';
(B) by striking ``one year'' and inserting ``two
years''; and
(C) in subparagraph (C), by striking ``personally
made for the Federal agency--'' and inserting
``participated personally and substantially in--''.
(2) Paragraph (2) of section 27(d) of such Act (41 U.S.C.
423(d)(2)) is amended to read as follows:
``(2) For purposes of paragraph (1), the term `contractor' includes
any division, affiliate, subsidiary, parent, joint venture, or other
related entity of the contractor.''.
(b) Prohibition on Award of Government Contracts to Former
Employers.--Section 27 of such Act (41 U.S.C. 423) is amended by adding
at the end the following new subsection:
``(i) Prohibition on Involvement by Certain Former Contractor
Employees in Procurements.--A former employee of a contractor who
becomes an employee of the Federal government shall not be personally
and substantially involved with any Federal agency procurement
involving the employee's former employer, including any division,
affiliate, subsidiary, parent, joint venture, or other related entity
of the former employer, for a period of two years beginning on the date
on which the employee leaves the employment of the contractor.''.
(c) Requirement for Federal Procurement Officers to Disclose Job
Offers Made to Relatives.--Section 27(c)(1) of such Act (41 U.S.C.
423(c)(1)) is amended by inserting after ``that official'' the
following: ``or for a relative of that official (as defined in section
3110 of title 5, United States Code),''.
(d) Additional Criminal Penalties.--Paragraph (1) of section 27(e)
of such Act (41 U.S.C. (e)(1)) is amended to read as follows:
``(1) Criminal penalties.--Whoever engages in conduct
constituting a violation of--
``(A) subsection (a) or (b) for the purpose of
either--
``(i) exchanging the information covered by
such subsection for anything of value, or
``(ii) obtaining or giving anyone a
competitive advantage in the award of a Federal
agency procurement contract; or
``(B) subsection (c) or (d);
shall be imprisoned for not more than 5 years or fined as
provided under title 18, United States Code, or both.''.
(e) Regulations.--Section 27 of such Act (41 U.S.C. 423) is further
amended by adding at the end of the following new subsection:
``(j) Regulations.--The Director of the Office of Government
Ethics, in consultation with the Administrator, shall--
``(1) promulgate regulations to carry out and ensure the
enforcement of this section; and
``(2) monitor and investigate individual and agency
compliance with this section.''.
TITLE VIII--PRESIDENTIAL LIBRARIES
SEC. 801. PRESIDENTIAL LIBRARIES.
(a) In General.--Section 2112 of title 44, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) Any organization that is established for the purpose of
raising funds for creating, maintaining, expanding, or conducting
activities at a Presidential archival depository or any facilities
relating to a Presidential archival depository, shall submit to the
Administration, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
Senate on a quarterly basis, by not later than the applicable date
specified in paragraph (2), information with respect to every
contributor who, during the designated period--
``(A) with respect to a Presidential archival depository of
a President who currently holds the Office of President or for
which the Archivist has not accepted, taken title to, or
entered into an agreement to use any land or facility, gave the
organization a contribution or contributions (whether monetary
or in-kind) totaling $100 or more for the quarterly period; or
``(B) with respect to a Presidential archival depository of
a President who no longer holds the Office of President and for
which the Archivist has accepted, taken title to, or entered
into an agreement to use any land or facility, gave the
organization a contribution or contributions (whether monetary
or in-kind) totaling $100 or more for the quarterly period.
``(2) For purposes of paragraph (1), the applicable date--
``(A) with respect to information required under paragraph
(1)(A), shall be April 15, July 15, October 15, and January 15
of each year and of the following year as applicable to the
fourth quarterly filing; and
``(B) with respect to information required under paragraph
(1)(B), shall be April 15, July 15, October 15, and January 15
of each year and of the following year as applicable to the
fourth quarterly filing.
``(3) As used in this subsection, the term `information' means the
following:
``(A) The amount or value of each contribution made by a
contributor referred to in paragraph (1) in the quarter covered
by the submission.
``(B) The source of each such contribution, and the address
of the entity or individual that is the source of the
contribution.
``(C) If the source of such a contribution is an
individual, the occupation of the individual.
``(D) The date of each such contribution.
``(4) The Archivist shall make available to the public through the
Internet (or a successor technology readily available to the public) as
soon as is practicable after each quarterly filing any information that
is submitted in accordance with paragraph (1).
``(5)(A) It shall be unlawful for any person who makes a
contribution described in paragraph (1) to knowingly and willfully
submit false material information or omit material information with
respect to the contribution to an organization described in such
paragraph.
``(B) The penalties described in section 1001 of title 18, United
States Code, shall apply with respect to a violation of subparagraph
(A) in the same manner as a violation described in such section.
``(6)(A) It shall be unlawful for any organization described in
paragraph (1) to knowingly and willfully submit false material
information or omit material information under such paragraph.
``(B) The penalties described in section 1001 of title 18, United
States Code, shall apply with respect to a violation of subparagraph
(A) in the same manner as a violation described in such section.
``(7)(A) It shall be unlawful for a person to knowingly and
willfully--
``(i) make a contribution described in paragraph (1) in the
name of another person;
``(ii) permit his or her name to be used to effect a
contribution described in paragraph (1); or
``(iii) accept a contribution described in paragraph (1)
that is made by one person in the name of another person.
``(B) The penalties set forth in section 309(d) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a
violation of subparagraph (A) in the same manner as if such violation
were a violation of section 316(b)(3) of such Act.
``(8) The Archivist shall promulgate regulations for the purpose of
carrying out this subsection.''.
(b) Applicability.--Section 2112(h) of title 44, United States Code
(as added by subsection (a))--
(1) shall apply to an organization established for the
purpose of raising funds for creating, maintaining, expanding,
or conducting activities at a Presidential archival depository
or any facilities relating to a Presidential archival
depository before, on or after the date of the enactment of
this Act; and
(2) shall only apply with respect to contributions (whether
monetary or in-kind) made after the date of the enactment of
this Act.
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