[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2128 Reported in Senate (RS)]
Calendar No. 369
109th CONGRESS
2d Session
S. 2128
To provide greater transparency with respect to lobbying activities,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 16, 2005
Mr. McCain (for himself, Mr. Burns, Mr. Lieberman, Ms. Snowe, Mr.
Coleman, Mr. Nelson of Florida, and Mr. Kyl) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
March 3, 2006
Reported by Ms. Collins, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Lobbying
Transparency and Accountability Act of 2005''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--ENHANCING LOBBYING DISCLOSURE
<DELETED>Sec. 101. Quarterly filing of lobbying disclosure reports.
<DELETED>Sec. 102. Electronic filing of lobbying disclosure reports.
<DELETED>Sec. 103. Public database of lobbying disclosure information.
<DELETED>Sec. 104. Disclosure by registered lobbyists of all past
executive and congressional employment.
<DELETED>Sec. 105. Disclosure of grassroots activities by paid
lobbyists.
<DELETED>Sec. 106. Disclosure of lobbyist contributions and payments.
<DELETED>Sec. 107. Increased penalty for failure to comply with
lobbying disclosure requirements.
<DELETED>Sec. 108. Disclosure of lobbying activities by certain
coalitions and associations.
<DELETED>TITLE II--SLOWING THE REVOLVING DOOR
<DELETED>Sec. 201. Amendments to restrictions on former officers,
employees, and elected officials of the
executive and legislative branches.
<DELETED>Sec. 202. Additional employment rights.
<DELETED>Sec. 203. Public disclosure by Members of Congress of
employment negotiations.
<DELETED>TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND
LOBBYIST GIFTS
<DELETED>Sec. 301. Requirement of full payment and disclosure of
charter flights.
<DELETED>Sec. 302. Increased disclosure of travel by Members.
<DELETED>Sec. 303. Guidelines respecting travel expenses.
<DELETED>Sec. 304. Valuation of tickets to sporting and entertainment
events.
<DELETED>TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING
<DELETED>Sec. 401. Comptroller General review and semiannual reports.
<DELETED>TITLE I--ENHANCING LOBBYING DISCLOSURE</DELETED>
<DELETED>SEC. 101. QUARTERLY FILING OF LOBBYING DISCLOSURE
REPORTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``Semiannual'' and
inserting ``Quarterly'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) by striking ``such semiannual period''
and insert ``such quarterly period''; and</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``semiannual report'' and inserting
``quarterly report'';</DELETED>
<DELETED> (B) in paragraph (2), by striking
``semiannual filing period'' and inserting ``quarterly
period'';</DELETED>
<DELETED> (C) in paragraph (3), by striking
``semiannual period'' and inserting ``quarterly
period''; and</DELETED>
<DELETED> (D) in paragraph (4), by striking
``semiannual filing period'' and inserting ``quarterly
period''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Registration.--Section 4 of the Act (2 U.S.C.
1603) is amended--</DELETED>
<DELETED> (A) in subsection (a)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''; and</DELETED>
<DELETED> (B) in subsection (b)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''.</DELETED>
<DELETED> (3) Enforcement.--Section 6(6) of the Act (2
U.S.C. 1605(6)) is amended by striking ``semiannual period''
and inserting ``quarterly period''.</DELETED>
<DELETED> (4) Estimates.--Section 15 of the Act (2 U.S.C.
1610) is amended--</DELETED>
<DELETED> (A) in subsection (a)(1), by striking
``semiannual period'' and inserting ``quarterly
period''; and</DELETED>
<DELETED> (B) in subsection (b)(1), by striking
``semiannual period'' and inserting ``quarterly
period''.</DELETED>
<DELETED> (5) Dollar amounts.--</DELETED>
<DELETED> (A) Registration.--Section 4 of the Act (2
U.S.C. 1603) is amended--</DELETED>
<DELETED> (i) in subsection (a)(3)(A)(i), by
striking ``$5,000'' and inserting
``$2,500'';</DELETED>
<DELETED> (ii) in subsection (a)(3)(A)(ii),
by striking ``$20,000'' and inserting
``$10,000'';</DELETED>
<DELETED> (iii) in subsection (b)(3)(A), by
striking ``$10,000'' and inserting ``$5,000'';
and</DELETED>
<DELETED> (iv) in subsection (b)(4), by
striking ``$10,000'' and inserting
``$5,000''.</DELETED>
<DELETED> (B) Reports.--Section 5 of the Act (2
U.S.C. 1604) is amended--</DELETED>
<DELETED> (i) in subsection (c)(1), by
striking ``$10,000'' and ``$20,000'' and
inserting ``$5,000'' and ``$10,000'',
respectively; and</DELETED>
<DELETED> (ii) in subsection (c)(2), by
striking ``$10,000'' both places such term
appears and inserting ``$5,000''.</DELETED>
<DELETED>SEC. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE
REPORTS.</DELETED>
<DELETED> Section 5 of the Act (2 U.S.C. 1604) is amended by adding
at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE
INFORMATION.</DELETED>
<DELETED> (a) Database Required.--Section 6 of the Act (2 U.S.C.
1605) is amended--</DELETED>
<DELETED> (1) in paragraph (7), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (8), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) includes the information contained
in registrations and reports filed under this
Act;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) is searchable and sortable, at a
minimum, by each of the categories of information
described in section 4(b) or 5(b).''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST
EXECUTIVE AND CONGRESSIONAL EMPLOYMENT.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED>SEC. 105. DISCLOSURE OF GRASSROOTS ACTIVITIES BY PAID
LOBBYISTS.</DELETED>
<DELETED> (a) Disclosure of Grassroots Activities.--Section 3 of the
Act (2 U.S.C. 1602) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by inserting ``or grassroots
lobbying activities'' after ``lobbying activities'' both places
it appears; and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraphs--</DELETED>
<DELETED> ``(17) Grassroots lobbying.--The term `grassroots
lobbying'--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(19) Grassroots lobbying firm.--The term
`grassroots lobbying firm'--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) includes a self-employed individual
who is a grassroots lobbyist.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Registration.--Section 4(a) of the Act (2 U.S.C.
1603(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``45'' and
inserting ``20'';</DELETED>
<DELETED> (2) by redesignating paragraph (3) as paragraph
(4);</DELETED>
<DELETED> (3) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (4) in paragraph (4)(A), as redesignated--
</DELETED>
<DELETED> (A) by striking ``paragraphs (1) and (2)''
and inserting ``paragraphs (1), (2), and (3)'';
and</DELETED>
<DELETED> (B) in clause (i), by inserting ``and
grassroots lobbying activities'' after ``lobbying
activities''.</DELETED>
<DELETED> (c) Separate Itemization of Grassroots Expenses.--Section
5(b) of the Act (2 U.S.C. 1604(b)) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by--</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (B) inserting ``or a grassroots lobbying
firm'' after ``lobbying firm'';</DELETED>
<DELETED> (C) inserting ``or grassroots lobbying
activities'' after ``lobbying activities'' both places
it appears; and</DELETED>
<DELETED> (D) striking ``and'' after the
semicolon;</DELETED>
<DELETED> (2) in paragraph (4), by--</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (B) inserting ``or grassroots lobbying
activities'' after ``lobbying activities'' both places
it appears; and</DELETED>
<DELETED> (C) striking the period and inserting ``;
and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(5) in the case of a grassroots lobbying firm,
for each client--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) the total disbursements made for
grassroots lobbying activities, and a subtotal for
disbursements made for grassroots lobbying through paid
advertising;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Large Grassroots Expenditure.--Section 5(a) of the Act
(2 U.S.C. 1604(a)) is amended--</DELETED>
<DELETED> (1) by striking ``No later'' and inserting
``Except as provided in paragraph (2), not later'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) a report under this section not
later than 20 days after receiving, spending, or
agreeing to spend that amount; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 106. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND
PAYMENTS.</DELETED>
<DELETED> Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
</DELETED>
<DELETED> (1) in paragraph (4), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) in paragraph (5), by striking the period and
inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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)--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) the purpose and final itinerary of
the trip, including a description of all meetings,
tours, events, and outings attended;</DELETED>
<DELETED> ``(C) the names of any registrant or
individual employed by the registrant who traveled on
any such trip;</DELETED>
<DELETED> ``(D) the identity of official or listed
sponsor of travel; and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(8) the date, recipient, and amount of funds
contributed or disbursed by, or arranged by, a registrant or
employee listed as a lobbyist--</DELETED>
<DELETED> ``(A) to pay the costs of an event to
honor or recognize a covered legislative branch
official or covered executive branch
official;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED>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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>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.''.</DELETED>
<DELETED>SEC. 107. INCREASED PENALTY FOR FAILURE TO COMPLY WITH
LOBBYING DISCLOSURE REQUIREMENTS.</DELETED>
<DELETED> Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1606) is amended by striking ``$50,000'' and inserting
``$100,000''.</DELETED>
<DELETED>SEC. 108. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN
COALITIONS AND ASSOCIATIONS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(2) Client.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Treatment of coalitions and
associations.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE II--SLOWING THE REVOLVING DOOR</DELETED>
<DELETED>SEC. 201. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS,
EMPLOYEES, AND ELECTED OFFICIALS OF THE EXECUTIVE AND
LEGISLATIVE BRANCHES.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Members of Congress, Officers, and Employees of the
Legislative Branch.--Section 207(e) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (1)(A), by striking ``within 1
year'' and inserting ``within 2 years'';</DELETED>
<DELETED> (2) in paragraph (2)(A), by striking ``within 1
year'' and inserting ``within 2 years'';</DELETED>
<DELETED> (3) in paragraph (3), by striking ``within 1
year'' and inserting ``within 2 years''; and</DELETED>
<DELETED> (4) in paragraph (4)(A), by striking ``within 1
year'' and inserting ``within 2 years''.</DELETED>
<DELETED>SEC. 202. ADDITIONAL EMPLOYMENT RIGHTS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(j) Additional Employment Rights.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 203. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS OF
EMPLOYMENT NEGOTIATIONS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (b) Senate.--Rule XXXVII of the Standing Rules of the
Senate is amended by adding at the end the following:</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED>TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND
LOBBYIST GIFTS</DELETED>
<DELETED>SEC. 301. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF
CHARTER FLIGHTS.</DELETED>
<DELETED> (a) House of Representatives.--</DELETED>
<DELETED> (1) In general.--Clause 5(a)(3)(A) of rule XXV of
the Standing Rules of the House of Representatives is amended
by--</DELETED>
<DELETED> (A) inserting ``(1)'' after ``(A)'';
and</DELETED>
<DELETED> (B) adding at the end the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the date of the flight;</DELETED>
<DELETED> ``(2) the destination of the flight who else was
on the flight, other than those operating the plane;
and</DELETED>
<DELETED> ``(3) the purpose of the trip.''.</DELETED>
<DELETED> (b) Senate.--</DELETED>
<DELETED> (1) In general.--Paragraph 1(c)(1) of rule XXXV of
the Standing Rules of the Senate is amended by--</DELETED>
<DELETED> (A) inserting ``(A)'' after ``(1)'';
and</DELETED>
<DELETED> (B) adding at the end the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Disclosure.--Paragraph 1 of rule XXXV of the
Standing Rules of the Senate is amended by adding at the end
the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the date of the flight;</DELETED>
<DELETED> ``(2) the destination of the flight;</DELETED>
<DELETED> ``(3) who else was on the flight, other than those
operating the plane; and</DELETED>
<DELETED> ``(4) the purpose of the trip.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in clause (xiii), striking ``and'' at the
end;</DELETED>
<DELETED> (2) in clause (xiv), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following :</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 302. INCREASED DISCLOSURE OF TRAVEL BY MEMBERS.</DELETED>
<DELETED> (a) House of Representatives.--Clause 5(b)(1)(A)(ii) of
rule XXV of the Rules of the House of Representatives is amended by--
</DELETED>
<DELETED> (1) inserting ``a detailed description and
itemization of each of'' before ``the expenses''; and</DELETED>
<DELETED> (2) inserting ``, including a description of all
meetings, tours, events, and outings attended during such
travel'' before the period at the end thereof.</DELETED>
<DELETED> (b) Senate.--Paragraph 2(c) of rule XXXV of the Standing
Rules of the Senate is amended--</DELETED>
<DELETED> (1) in subclause (5), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) by redesignating subclause (6) as subclause
(7); and</DELETED>
<DELETED> (3) by adding after subclause (5) the
following:</DELETED>
<DELETED> ``(6) a detailed description and itemization of
all meetings, tours, events, and outings attended during such
travel; and''.</DELETED>
<DELETED>SEC. 303. GUIDELINES RESPECTING TRAVEL EXPENSES.</DELETED>
<DELETED> (a) House of Representatives.--Clause 5(f) of rule XXV of
the Rules of the House of Representatives is amended by inserting
``(1)'' after ``(f)'' and by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(2) Within 90 days after the date of adoption of this
subparagraph and at annual intervals thereafter, the Committee on
Standards of official Conduct shall develop and revise, as necessary,
guidelines on what constitutes `reasonable expenses' or `reasonable
expenditures' for purposes of paragraph (b)(4). 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.''.</DELETED>
<DELETED> (b) Senate.--Rule XXXV of the Standing Rules of the Senate
is amended by adding at the end the following:</DELETED>
<DELETED> ``(7) Not later than 90 days after the date of
adoption of this paragraph and at annual intervals thereafter,
the Select Committee on Ethics 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.''.</DELETED>
<DELETED>SEC. 304. VALUATION OF TICKETS TO SPORTING AND ENTERTAINMENT
EVENTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Senate.--Paragraph 1(b)(1) of rule XXXV of the
Standing Rules of the Senate is amended by--</DELETED>
<DELETED> (1) inserting ``(A)'' after ``(1)''; and</DELETED>
<DELETED> (2) adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) House.--Clause 5(a)(2)(A) of rule XXV of the Standing
Rules of the House of Representatives is amended by--</DELETED>
<DELETED> (1) inserting ``(i)'' after ``(A)''; and</DELETED>
<DELETED> (2) adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING</DELETED>
<DELETED>SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMIANNUAL
REPORTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the effectiveness of those activities in
securing the compliance by lobbyists with the requirements of
that Act; and</DELETED>
<DELETED> (2) whether the Clerk and the Secretary have the
resources and authorities needed for effective oversight and
enforcement of that Act.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) improve the compliance by lobbyists with the
requirements of that Act; and</DELETED>
<DELETED> (2) provide the Clerk and the Secretary with the
resources and authorities needed for effective oversight and
enforcement of that Act.</DELETED>
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. Annual report on contributions.
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 lobbyist travel and payments.
Sec. 106. Increased penalty for failure to comply with lobbying
disclosure requirements.
Sec. 107. Disclosure of lobbying activities by certain coalitions and
associations.
Sec. 108. Disclosure of enforcement for noncompliance.
Sec. 109. Electronic filing of lobbying disclosure reports.
Sec. 110. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 111. Effective date.
TITLE II--OVERSIGHT OF ETHICS AND LOBBYING
Sec. 201. Comptroller General audit and annual report.
Sec. 202. Mandatory Senate ethics training for Members and staff.
Sec. 203. Sense of the Senate regarding self-regulation within the
lobbying community.
Sec. 204. Annual ethics committees reports.
TITLE III--SLOWING THE REVOLVING DOOR
Sec. 301. Amendments to restrictions on former officers, employees, and
elected officials of the executive and
legislative branches.
TITLE IV--BAN ON PROVISION OF GIFTS OR TRAVEL BY LOBBYISTS IN VIOLATION
OF THE RULES OF CONGRESS
Sec. 401. Prohibition on provision of gifts or travel by registered
lobbyists to Members of Congress and to
congressional employees.
TITLE V--COMMISSION TO STRENGTHEN CONFIDENCE IN CONGRESS ACT OF 2006
Sec. 501. Short title.
Sec. 502. Establishment of Commission.
Sec. 503. Purposes.
Sec. 504. Composition of Commission.
Sec. 505. Functions of Commission.
Sec. 506. Powers of Commission.
Sec. 507. Administration.
Sec. 508. Security clearances for Commission members and staff.
Sec. 509. Commission reports; termination.
Sec. 510. Funding.
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) in the subsection heading, by striking
``Semiannual'' and inserting ``Quarterly'';
(B) by striking ``the semiannual period'' and all
that follows through ``July of each year'' and
inserting ``the quarterly period beginning on the 20th
day of January, April, July, and October of each year
or on the first business day after the 20th day if that
day is not a business day''; and
(C) by striking ``such semiannual period'' and
inserting ``such quarterly period''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``semiannual report'' and inserting
``quarterly report'';
(B) in paragraph (2), by striking ``semiannual
filing period'' and inserting ``quarterly period'';
(C) in paragraph (3), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(D) in paragraph (4), by striking ``semiannual
filing period'' and inserting ``quarterly period''.
(b) Conforming Amendments.--
(1) Definition.--Section 3(10) of the 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(a)(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. ANNUAL REPORT ON CONTRIBUTIONS.
Section 5 of the Act (2 U.S.C. 1604) is amended by adding at the
end the following:
``(d) Annual Report on Contributions.--Not later than 45 days after
the end of the quarterly period beginning on the first day of October
of each year referred to in subsection (a), a lobbyist registered under
section 4(a)(1), or an employee who is a lobbyist of an organization
registered under section 4(a)(2), shall file a report with the
Secretary of the Senate and the Clerk of the House of Representatives
containing--
``(1) the name of the lobbyist;
``(2) the employer of the lobbyist;
``(3) the name of each Federal candidate or officeholder,
leadership PAC, or political party committee, to whom a
contribution equal to or exceeding $200 was made within the
past year, and the date and amount of such contribution; and
``(4) the name of each Federal candidate or officeholder,
leadership PAC, or political party committee for whom a
fundraising event was hosted, co-hosted, or otherwise
sponsored, within the past year, and the date and location of
the event.''.
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(a)(4) of the Act is amended
by inserting before the semicolon the following: ``and, in the case of
a report filed in electronic form under section 5(e), 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(a) 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 LOBBYIST TRAVEL AND PAYMENTS.
Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(5) 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 the listed sponsor or
sponsors of travel; and
``(E) the identity of any person or entity, other
than the listed sponsor or sponsors 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;
``(6) 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
``(7) 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 (7), 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. Information required by paragraph (5) shall
be disclosed as provided in this Act not later than 30 days after the
travel.''.
SEC. 106. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING
DISCLOSURE REQUIREMENTS.
Section 7 of the Act (2 U.S.C. 1606) is amended by striking
``$50,000'' and inserting ``$100,000''.
SEC. 107. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--Section 4(b)(3)(B) of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1603(b)(3)(B)) is amended to read as follows:
``(B) participates in a substantial way in the
planning, supervision or control of such lobbying
activities;''.
(b) No Donor or Membership List Disclosure.--Section 4(b) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended by adding
at the end the following:
``No disclosure is required under paragraph (3)(B) if 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 paragraph (3)(B) shall be construed to require the
disclosure of any information about individuals who are members of, or
donors to, an entity treated as a client by this Act or an organization
identified under that paragraph.''.
SEC. 108. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.
Section 6 of the Act (2 U.S.C. 1605) is amended--
(1) by inserting ``(a)'' before ``The Secretary of the
Senate'';
(2) in paragraph (8), by striking ``and'' at the end;
(3) in paragraph (9), by striking the period and inserting
``; and'';
(4) after paragraph (9), by inserting the following:
``(10) provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives the aggregate
number of lobbyists and lobbying firms, separately accounted,
referred to the United States Attorney for the District of
Columbia for noncompliance as required by paragraph (8) on a
semi-annual basis''; and
(5) by inserting at the end the following:
``(b) Enforcement Report.--The United States Attorney for the
District of Columbia shall report to the Committee on Homeland Security
and Governmental Affairs and the Committee on the Judiciary of the
Senate and the Committee on Government Reform and the Committee on the
Judiciary of the House of Representatives on a semi-annual basis the
aggregate number of enforcement actions taken by the Attorney's office
under this Act and the amount of fines, if any, by case, except that
such report shall not include the names of individuals or personally
identifiable information.''.
SEC. 109. 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:
``(e) Electronic Filing Required.--A report required to be filed
under this section shall be filed in electronic form, in addition to
any other form that may be required by the Secretary of the Senate or
the Clerk of the House of Representatives.''.
SEC. 110. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.
(a) Definitions.--Section 3 of the Act (2 U.S.C. 1602) is amended--
(1) in paragraph (7), by adding at the end of the
following: ``Lobbying activities include paid efforts to
stimulate grassroots lobbying, but do not include grassroots
lobbying.''; and
(2) by adding at the end of the following:
``(17) 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.
``(18) Paid efforts to stimulate grassroots lobbying.--
``(A) In general.--The term `paid efforts to
stimulate grassroots lobbying' means any paid attempt
in support of lobbying contacts on behalf of a client
to influence the general public or segments thereof to
contact one or more covered legislative or executive
branch officials (or Congress as a whole) to urge such
officials (or Congress) to take specific action with
respect to a matter described in section 3(8)(A),
except that such term does not include any
communications by an entity directed to its members,
employees, officers, or shareholders.
``(B) Paid attempt to influence the general public
or segments thereof.--The term `paid attempt to
influence the general public or segments thereof' does
not include an attempt to influence directed at less
than 500 members of the general public.
``(C) Registrant.--For purposes of this paragraph,
a person or entity is a member of a registrant if the
person or entity--
``(i) pays dues or makes a contribution of
more than a nominal amount to the entity;
``(ii) makes a contribution of more than a
nominal amount of time to the entity;
``(iii) is entitled to participate in the
governance of the entity;
``(iv) is 1 of a limited number of honorary
or life members of the entity; or
``(v) is an employee, officer, director or
member of the entity.
``(19) 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 $25,000 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 the flush matter at the end of paragraph (3)(A), 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.''; and
(2) by inserting after paragraph (3) the following:
``(4) Filing by grassroots lobbying firms.--Not later than
45 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 of income 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) inserting ``or a grassroots lobbying firm''
after ``lobbying firm'';
(2) in paragraph (4), by inserting after ``total expenses''
the following: ``(including a good faith estimate of the total
amount of expenses 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
(3) 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) Good Faith Estimates and De Minimis Rules for Paid Efforts to
Stimulate Grassroots Lobbying.--
(1) In general.--Section 5(c) of the Act (2 U.S.C. 1604(c))
is amended to read as follows:
``(c) Estimates of Income or Expenses.--For purposes of this
section, the following shall apply:
``(1) Estimates of income or expenses shall be made as
follows:
``(A) Estimates of amounts in excess of $10,0000
shall be rounded to the nearest $20,000.
``(B) In the event income or expenses do not exceed
$10,000, the registrant shall include a statement that
income or expenses totaled less than $10,000 for the
reporting period.
``(2) Estimates of income or expenses relating specifically
to paid efforts to stimulate grassroots lobbying shall be made
as follows:
``(A) Estimates of amounts in excess of $25,000
shall be rounded to the nearest $20,000.
``(B) In the event income or expenses do not exceed
$25,000, the registrant shall include a statement that
income or expenses totaled less than $25,000 for the
reporting period.''.
(2) Tax reporting.--Section 15 of the Act (2 U.S.C. 1610)
is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``and''
after the semicolon;
(ii) in paragraph (2), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) in lieu of using the definition of paid efforts to
stimulate grassroots lobbying in section 3(18), consider as
paid efforts to stimulate grassroots lobbying only those
activities that are grassroots expenditures as defined in
section 4911(c)(3) of the Internal Revenue Code of 1986.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``and''
after the semicolon;
(ii) in paragraph (2), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) in lieu of using the definition of paid efforts to
stimulate grassroots lobbying in section 3(18), consider as
paid efforts to stimulate grassroots lobbying only those
activities that are grassroots expenditures as defined in
section 4911(c)(3) of the Internal Revenue Code of 1986.''.
SEC. 111. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
January 1, 2007.
TITLE II--OVERSIGHT OF ETHICS AND LOBBYING
SEC. 201. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.
(a) Audit Required.--The Comptroller General shall audit on an
annual basis lobbying registration and reports filed under the Lobbying
Disclosure Act of 1995 to determine the extent of compliance or
noncompliance with the requirements of that Act by lobbyists and their
clients.
(b) Annual Reports.--Not later than April 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 Secretary of the Senate and the Clerk of
the House of Representatives with the resources and authorities
needed for effective oversight and enforcement of that Act.
SEC. 202. MANDATORY SENATE ETHICS TRAINING FOR MEMBERS AND STAFF.
(a) Training Program.--The Select Committee on Ethics shall conduct
ongoing ethics training and awareness programs for Members of the
Senate and Senate staff.
(b) Requirements.--The ethics training program conducted by the
Select Committee on Ethics shall be completed by--
(1) new Senators or staff not later than 60 days after
commencing service or employment; and
(2) Senators and Senate staff serving or employed on the
date of enactment of this Act not later than 120 days after the
date of enactment of this Act.
SEC. 203. SENSE OF THE SENATE REGARDING SELF-REGULATION WITHIN THE
LOBBYING COMMUNITY.
It is the sense of the Senate that the lobbying community should
develop proposals for multiple self-regulatory organizations which
could provide--
(1) for the creation of standards for the organizations
appropriate to the type of lobbying and individuals to be
served;
(2) training for the lobbying community on law, ethics,
reporting requirements, and disclosure requirements;
(3) for the development of educational materials for the
public on how to responsibly hire a lobbyist or lobby firm;
(4) standards regarding reasonable fees to clients;
(5) for the creation of a third-party certification program
that includes ethics training; and
(6) for disclosure of requirements to clients regarding fee
schedules and conflict of interest rules.
SEC. 204. ANNUAL ETHICS COMMITTEES REPORTS.
The Committee on Standards of Official Conduct of the House of
Representatives and the Select Committee on Ethics of the Senate shall
each issue an annual report due no later than January 31, describing
the following:
(1) The number of alleged violations of Senate or House
rules including the number received from third parties, from
Members or staff within each House, or inquires raised by a
Member or staff of the respective House or Senate committee.
(2) A list of the number of alleged violations that were
dismissed--
(A) for lack of subject matter jurisdiction; or
(B) because they failed to provide sufficient facts
as to any material violation of the House or Senate
rules beyond mere allegation or assertion.
(3) The number of complaints in which the committee staff
conducted a preliminary inquiry.
(4) The number of complaints that staff presented to the
committee with recommendations that the complaint be dismissed.
(5) The number of complaints that the staff presented to
the committee with recommendation that the investigation
proceed.
(6) The number of ongoing inquiries.
(7) The number of complaints that the committee dismissed
for lack of substantial merit.
(8) The number of private letters of admonition or public
letters of admonition issued.
(9) The number of matters resulting in a disciplinary
sanction.
TITLE III--SLOWING THE REVOLVING DOOR
SEC. 301. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND
ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE
BRANCHES.
(a) Very Senior Executive Personnel.--The matter after subparagraph
(C) in section 207(d)(1) of title 18, United States Code, is amended by
striking ``within 1 year'' and inserting ``within 2 years''.
(b) Restrictions on Lobbying by Members of Congress and Employees
of Congress.--Subsection (e) of section 207 of title 18, United States
Code, is amended--
(1) in paragraph (1)(A), by striking ``within 1 year'' and
inserting ``within 2 years'';
(2) by striking paragraphs (2) through (5) and inserting
the following:
``(2) Congressional staff.--
``(A) Prohibition.--Any person who is an employee
of a House of Congress and who, within 1 year after
that person leaves office, knowingly makes, with the
intent to influence, any communication to or appearance
before any of the persons described in subparagraph
(B), on behalf of any other person (except the United
States) in connection with any matter on which such
former employee seeks action by a Member, officer, or
employee of either House of Congress, in his or her
official capacity, shall be punished as provided in
section 216 of this title.
``(B) Contact persons covered.--The persons
referred to in subparagraph (A) with respect to
appearances or communications are any Member, officer,
or employee of the House of Congress in which the
person subject to subparagraph (A) was employed.'';
(3) in paragraph (6)--
(A) by striking ``paragraphs (2), (3), and (4)''
and inserting ``paragraph (2)'';
(B) by striking ``(A)'';
(C) by striking subparagraph (B); and
(D) by redesignating the paragraph as paragraph
(3); and
(4) by redesignating paragraph (7) as paragraph (4).
TITLE IV--BAN ON PROVISION OF GIFTS OR TRAVEL BY LOBBYISTS IN VIOLATION
OF THE RULES OF CONGRESS
SEC. 401. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED
LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL
EMPLOYEES.
The Lobbying Disclosure Act of 1995 is amended by adding at the end
the following:
``SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED
LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL
EMPLOYEES.
``(a) Prohibition.--A registered lobbyist may not knowingly make a
gift or provide travel to a Member, Delegate, Resident Commissioner,
officer, or employee of Congress, unless the gift or travel may be
accepted under the rules of the House of Representatives or the Senate.
``(b) Penalty.--Any registered lobbyist who violates this section
shall be subject to penalties provided in section 7.''.
TITLE V--COMMISSION TO STRENGTHEN CONFIDENCE IN CONGRESS ACT OF 2006
SEC. 501. SHORT TITLE.
This title may be cited as the ``Commission to Strengthen
Confidence in Congress Act of 2006''.
SEC. 502. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a commission to be
known as the ``Commission to Strengthen Confidence in Congress'' (in
this title referred to as the ``Commission'').
SEC. 503. PURPOSES.
The purposes of the Commission are to--
(1) evaluate and report the effectiveness of current
congressional ethics requirements, if penalties are enforced
and sufficient, and make recommendations for new penalties;
(2) weigh the need for improved ethical conduct with the
need for lawmakers to have access to expertise on public policy
issues;
(3) determine whether the current system for enforcing
ethics rules and standards of conduct is sufficiently effective
and transparent;
(4) determine whether the statutory framework governing
lobbying disclosure should be expanded to include additional
means of attempting to influence Members of Congress, senior
staff, and high-ranking executive branch officials;
(5) analyze and evaluate the changes made by this Act to
determine whether additional changes need to be made to uphold
and enforce standards of ethical conduct and disclosure
requirements; and
(6) investigate and report to Congress on its findings,
conclusions, and recommendations for reform.
SEC. 504. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) the chair and vice chair shall be selected by agreement
of the majority leader and minority leader of the House of
Representatives and the majority leader and minority leader of
the Senate;
(2) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party, 1 of which is a
former member of the Senate;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party, 1 of which is a
former member of the Senate;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, 1 of which is a former member of the House of
Representatives; and
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, 1 of which is a former member of the House of
Representatives.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Five members of the
Commission shall be Democrats and 5 Republicans.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in professions such as
governmental service, government consulting, government
contracting, the law, higher education, historian, business,
public relations, and fundraising.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on a date 3 months after the date
of enactment of this Act.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 505. FUNCTIONS OF COMMISSION.
The functions of the Commission are to submit to Congress a report
required by this title containing such findings, conclusions, and
recommendations as the Commission shall determine, including proposing
organization, coordination, planning, management arrangements,
procedures, rules and regulations--
(1) related to section 503; or
(2) related to any other areas the commission unanimously
votes to be relevant to its mandate to recommend reforms to
strengthen ethical safeguards in Congress.
SEC. 506. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this title--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(b) Subpoenas.--
(1) In general.--A subpoena may be issued under this
subsection only--
(A) by the agreement of the chair and the vice
chair; or
(B) by the affirmative vote of 6 members of the
Commission.
(2) Signature.--Subject to paragraph (1), subpoenas issued
under this subsection may be issued under the signature of the
chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Federal Government shall
furnish information deemed necessary by the panel to enable it to carry
out its duties.
SEC. 507. ADMINISTRATION.
(a) Compensation.--Except as provided in subsection (b), members of
the Commission shall receive no additional pay, allowances, or benefits
by reason of their service on the Commission.
(b) Travel Expenses and Per Diem.--Each member of the Commission
shall receive travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United States Code.
(c) Staff and Support Services.--
(1) Staff director.--
(A) Appointment.--The Chair (or Co-Chairs) in
accordance with the rules agreed upon by the Commission
shall appoint a staff director for the Commission.
(B) Compensation.--The staff director shall be paid
at a rate not to exceed the rate established for level
V of the Executive Schedule under section 5315 of title
5, United States Code.
(2) Staff.--The Chair (or Co-Chairs) in accordance with the
rules agreed upon by the Commission shall appoint such
additional personnel as the Commission determines to be
necessary.
(3) Applicability of civil service laws.--The staff
director and other members of the staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(4) Experts and consultants.--With the approval of the
Commission, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(d) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Commission on a nonreimbursable basis. The facilities shall serve as
the headquarters of the Commission and shall include all necessary
equipment and incidentals required for the proper functioning of the
Commission.
(e) Administrative Support Services and Other Assistance.--
(1) In general.--Upon the request of the Commission, the
Architect of the Capitol and the Administrator of General
Services shall provide to the Commission on a nonreimbursable
basis such administrative support services as the Commission
may request.
(2) Additional support.--In addition to the assistance set
forth in paragraph (1), departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support services as the Commission
may deem advisable and as may be authorized by law.
(f) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(g) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 508. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this title without the appropriate security clearances.
SEC. 509. COMMISSION REPORTS; TERMINATION.
(a) Annual Reports.--The Commission shall submit--
(1) an initial report to Congress not later than July 1,
2006; and
(2) annual reports to Congress after the report required by
paragraph (1);
containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of Commission
members.
(b) Administrative Activities.--During the 60-day period beginning
on the date of submission of each annual report and the final report
under this section, the Commission shall--
(1) be available to provide testimony to committees of
Congress concerning such reports; and
(2) take action to appropriately disseminate such reports.
(c) Termination of Commission.--
(1) Final report.--At such time as a majority of the
members of the Commission determines that the reasons for the
establishment of the Commission no longer exist, the Commission
shall submit to Congress a final report containing information
described in subsection (a).
(2) Termination.--The Commission, and all the authorities
of this title, shall terminate 60 days after the date on which
the final report is submitted under paragraph (1), and the
Commission may use such 60-day period for the purpose of
concluding its activities.
SEC. 510. FUNDING.
There are authorized such sums as necessary to carry out this
title.
Calendar No. 369
109th CONGRESS
2d Session
S. 2128
_______________________________________________________________________
A BILL
To provide greater transparency with respect to lobbying activities,
and for other purposes.
_______________________________________________________________________
March 3, 2006
Reported with an amendment