110TH CONGRESS REPT. 110–161 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

HONEST LEADERSHIP AND OPEN GOVERNMENT ACT 

OF 2007 

MAY 21, 2007.—Ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 2316] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 2316) to provide more rigorous requirements with respect to 

disclosure and enforcement of lobbying laws and regulations, and 

for other purposes, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill as 

amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 9 

Background and Need for the Legislation ............................................................. 9 

Hearings ................................................................................................................... 10 

Committee Consideration ........................................................................................ 11 

Committee Votes ...................................................................................................... 11 

Committee Oversight Findings ............................................................................... 12 

New Budget Authority and Tax Expenditures ...................................................... 13 

Congressional Budget Office Cost Estimate .......................................................... 13 

Performance Goals and Objectives ......................................................................... 16 

Constitutional Authority Statement ...................................................................... 16 

Advisory on Earmarks ............................................................................................. 16 

Section-by-Section Analysis .................................................................................... 16 

Changes in Existing Law Made by the Bill, as Reported ..................................... 19 

Additional Views ...................................................................................................... 29 

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THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 2007’’. 

(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. Disclosure by Members and staff of employment negotiations. 

Sec. 102. Wrongfully influencing a private entity’s employment decisions or practices. 

Sec. 103. Additional restrictions on contractors. 

Sec. 104. Effective date. 

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. Quarterly reports on other contributions. 

Sec. 205. Prohibition on provision of gifts or travel by registered lobbyists to Members of Congress and to congressional employees. 

Sec. 206. Disclosure of lobbying activities by certain coalitions and association. 

Sec. 207. Disclosure by registered lobbyists of past executive branch and congressional employment. 

Sec. 208. Public database of lobbying disclosure information; maintenance of information. 

Sec. 209. Inapplicability to certain political committees. 

Sec. 210. Effective date. 

TITLE III—ENFORCEMENT OF LOBBYING RESTRICTIONS 

Sec. 301. Increased civil and criminal penalties for failure to comply with lobbying disclosure requirements. 

TITLE IV—INCREASED DISCLOSURE 

Sec. 401. Prohibition on official contact with spouse of Member who is a registered lobbyist. 

Sec. 402. Posting of travel and financial disclosure reports on public website of Clerk of the House of Representatives. 

TITLE V—GENERAL PROVISIONS 

Sec. 501. Rule of construction. 

TITLE I—CLOSING THE REVOLVING DOOR 

SEC. 101. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS. 

The Rules of the House of Representatives are amended by redesignating rules 

XXVII and XXVIII as rules XXVIII and XXIX, respectively, and by inserting after 

rule XXVI the following new rule: 

‘‘RULE XXVII 

‘‘DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS

‘‘1. A Member, Delegate, or Resident Commissioner shall not directly negotiate 

or have any agreement of future employment or compensation until after his or her 

successor has been elected, unless such Member, Delegate, or Resident Commissioner, within 3 business days after the commencement of such negotiation or agreement of future employment or compensation, files with the Committee on Standards 

of Official Conduct a statement, which must be signed by the Member, Delegate, or 

Resident Commissioner, regarding such negotiations or agreement, including the 

name of the private entity or entities involved in such negotiations or agreement, 

and the date such negotiations or agreement commenced. 

‘‘2. An officer or an employee of the House earning in excess of 75 percent of 

the salary paid to a Member shall notify the Committee on Standards of Official 

Conduct that he or she is negotiating or has any agreement of future employment 

or compensation. 

‘‘3. The disclosure and notification under this rule shall be made within 3 business days after the commencement of such negotiation or agreement of future employment or compensation. 

‘‘4. A Member, Delegate, or Resident Commissioner, and an officer or employee 

to whom this clause applies, shall recuse himself or herself from any matter in 

which there is a conflict of interest or an appearance of a conflict for that Member, 

Delegate, Resident Commissioner, officer, or employee under this rule and shall nomstockstill on PROD1PC66 with HEARING

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tify the Committee on Standards of Official Conduct of such recusal. A Member, 

Delegate, or Resident Commissioner making such recusal shall, upon such recusal, 

submit to the Clerk for public disclosure the statement of disclosure under clause 

1 with respect to which the recusal was made.’’. 

SEC. 102. 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: 

‘‘§ 227. 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 227 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 227 of title 18, United States Code, was 

a criminal or civil offense before the enactment of this Act, including under section 

201(b), 201(c), or any of sections 203 through 209, of title 18, United States Code. 

(c) CONFORMING AMENDMENT.—The table of sections for chapter 11 of title 18, 

United States Code, is amended by adding at the end the following: 

‘‘227. Wrongfully influencing a private entity’s employment decisions by a Member of Congress.’’. 

SEC. 103. ADDITIONAL RESTRICTIONS ON CONTRACTORS. 

(a) PROHIBITION.—Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following new section: 

‘‘§ 220. Restrictions on contractors with Congress 

‘‘(a) RESTRICTIONS.—

‘‘(1) IN GENERAL.—If a person who is an attorney or a law firm, including 

a professional legal corporation or partnership, or an attorney employed by such 

a law firm, enters into a contract to provide services to—

‘‘(A) a committee of Congress, or a subcommittee of any such committee, 

‘‘(B) a Member of the leadership of the House of Representatives or a 

Member of the leadership of the Senate, 

‘‘(C) a covered legislative branch official, or 

‘‘(D) a working group or caucus organized to provide legislative services 

or other assistance to Members of Congress, 

the attorney or law firm entering into the contract, and the law firm by which 

the attorney entering into the contract is employed, may not, during the period 

prescribed in paragraph (2), knowingly make, with the intent to influence, any 

communication or appearance before any person described in paragraph (3), on 

behalf of any other person (except the United States), in connection with any 

matter on which such attorney or law firm seeks official action by a Member, 

officer, or employee of either House of Congress, in his or her official capacity. 

‘‘(2) PERIOD DESCRIBED.—The period referred to in paragraph (1) is the period during which the contract described in paragraph (1) is in effect, and a period of 1 year after the attorney or law firm, as the case may be, is no longer 

subject to the contract. 

‘‘(3) PERSONS DESCRIBED.—The persons referred to in paragraph (1) with respect to appearances or communications by an attorney or law firm are any 

Member, officer, or employee of either House of Congress. 

‘‘(b) PENALTY.—Any person who violates paragraph (1) shall be punished as provided in section 216. 

‘‘(c) DEFINITIONS.—For purposes of this section—

‘‘(1) the term ‘committee of Congress’ includes any standing committee, joint 

committee, and select committee; 

‘‘(2) the term ‘covered legislative branch official’ has the meaning given that 

term in section 3 of the Lobbying Disclosure Act of 1995; 

‘‘(3)(A) a person is an employee of a House of Congress if that person is an 

employee of the House of Representatives or an employee of the Senate; 

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‘‘(B) the terms ‘employee of the House of Representatives’ and ‘employee of 

the Senate’ have the meanings given those terms in section 207(e)(7); 

‘‘(4) an attorney is ‘employed’ by a law firm if the attorney is an employee 

of, or a partner or other member of, the law firm; 

‘‘(5) the terms ‘Member of the leadership of the House of Representatives’

and ‘Member of the leadership of the Senate’ have the meanings given those 

terms in section 207(e)(7); and 

‘‘(6) the term ‘Member of Congress’ means a Senator or Representative in, 

or Delegate or Resident Commissioner to, the Congress.’’. 

(b) CONFORMING AMENDMENTS.—

(1) The table of sections for chapter 11 of title 18, United States Code, is 

amended by inserting after the item relating to section 219 the following new 

item: 

‘‘220. Restrictions on contractors with Congress.’’. 

(2) Section 216 of title 18, United States Code, is amended by striking ‘‘or 

209’’ each place it appears and inserting ‘‘, 209, or 220’’. 

SEC. 104. EFFECTIVE DATE. 

(a) SECTION 101.—The amendment made by section 101 shall take effect on the 

date of the enactment of this Act, and shall apply to negotiations commenced, and 

agreements entered into, on or after that date. 

(b) SECTION 102.—The amendments made by section 102 shall take effect on the 

date of the enactment of this Act. 

(c) SECTION 103.—The amendments made by section 103 shall take effect on 

May 23, 2007, and shall apply with respect to any contract entered into before, on, 

or after that date. 

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 

day of January, April, July, and October of each year’’; 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 Lobbying Disclosure Act of 1995 (2 

U.S.C. 1602) is amended by striking ‘‘six month period’’ and inserting ‘‘3-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 

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(B) in subsection (b)(1), by striking ‘‘semiannual period’’ and inserting ‘‘quarterly period’’. (5) DOLLAR AMOUNTS.—Section 4 of the Lobbying Disclosure Act of 1995 (2 

U.S.C. 1603) is further amended— (A) in subsection (a)(3)(A)(i), by striking ‘‘$5,000’’ and inserting ‘‘$2,500’’; 

(B) in subsection (a)(3)(A)(ii), by striking ‘‘$20,000’’ and inserting ‘‘$10,000’’; 

(C) in subsection (b)(3)(A), by striking ‘‘$10,000’’ and inserting ‘‘$5,000’’; 

and 

(D) in subsection (b)(4), by striking ‘‘$10,000’’ and inserting ‘‘$5,000’’. 

SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS. 

(a) IN GENERAL.—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.’’. 

(b) EFFECTIVE DATE.—The requirement in section 5(d) of the Lobbying Disclosure Act of 1995, as added by subsection (a) of this section, that reports be filed electronically shall take effect on the day after the end of the first calendar quarter that 

begins after the date of the enactment of this Act. 

SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS. 

Section 5(b) of the Lobbying Disclosure Act of 1995 (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 ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(5) a certification that the lobbying firm, or registrant, and each employee 

listed as a lobbyist under section 4(b)(6) or paragraph (2)(C) of this subsection 

for that lobbying firm or registrant, has not provided, requested, or directed a 

gift, including travel, to a Member of Congress or an officer or employee of either House of Congress in violation rule XXXV of the Standing Rules of the 

Senate or rule XXV of the Rules of the House of Representatives.’’. 

SEC. 204. QUARTERLY REPORTS ON OTHER CONTRIBUTIONS. 

Section 5 of the Act (2 U.S.C. 1604) is further amended by adding at the end 

the following: 

‘‘(e) QUARTERLY REPORTS ON OTHER CONTRIBUTIONS.—

‘‘(1) IN GENERAL.—Not later than 45 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each 

year, or on the first business day after the first day of such month if that day 

is not a business day, each person who is registered or is required to register 

under paragraph (1) or (2) of section 4(a), and each employee who is or is required to be listed as a lobbyist under section 4(b)(6) or subsection (b) of this 

section, shall file a report with the Secretary of the Senate and the Clerk of 

the House of Representatives containing—

‘‘(A) the name of the person; 

‘‘(B) in the case of an employee, his or her the employer; 

‘‘(C) the names of all political committees established or administered 

by the person; 

‘‘(D) the name of each Federal candidate or officeholder, leadership 

PAC, or political party committee, to whom aggregate contributions equal 

to or exceeding $200 were made by the person or a political committee established or administered by the person within the calendar year, and the 

date and amount of each contribution made within the quarterly period; 

‘‘(E) the date, recipient, and amount of funds contributed, disbursed, or 

arranged (or a good faith estimate thereof) by the person or a political committee established or administered by the person during the quarterly period—

‘‘(i) to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch official; 

‘‘(ii) to, or on behalf of, an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official; 

‘‘(iii) 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 

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‘‘(iv) 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; 

‘‘(F) any information reported to the Federal Election Commission 

under the second sentence of section 315(a)(8) of the Federal Election Campaign Act of 1971 (relating to reports by intermediaries and conduits of the 

original source and the intended recipient of contributions under such Act) 

during the quarterly period by the person or a political committee established or administered by the person; and ‘‘(G) the amount and recipient of any funds provided to an organization 

described in section 527 of the Internal Revenue Code of 1986 that is not 

treated as a political committee under section 301(4) under the Federal 

Election Campaign Act of 1971. 

‘‘(2) DEFINITION.—In this subsection, the term ‘leadership PAC’ means, with 

respect to an individual holding Federal office, an unauthorized political committee that is associated with an individual holding Federal office, except that 

such term shall not apply in the case of a political committee of a political 

party.’’. 

SEC. 205. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO 

MEMBERS OF CONGRESS AND TO CONGRESSIONAL EMPLOYEES. 

(a) PROHIBITION.—The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) 

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.—Any person described in subsection (b) may not make a gift 

or provide travel to a Member, officer, or employee of Congress, if the person has 

knowledge that the gift or travel may not be accepted under the rules of the House 

of Representatives or the Senate. ‘‘(b) PERSONS SUBJECT TO PROHIBITION.—The persons subject to the prohibition 

under subsection (a) are any lobbyist that is registered or is required to register 

under section 4(a)(1), any organization that employs 1 or more lobbyists and is registered or is required to register under section 4(a)(2), and any employee listed or 

required to be listed as a lobbyist by a registrant under section 4(b)(6).’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on 

the date of the enactment of this Act. 

SEC. 206. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND ASSOCIATION. 

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), (iii), and (iv), 

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 the 

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.—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 

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fluencing legislation is less than $500 during the quarterly period during which the registration would be made. 

‘‘(iv) NO DONOR OR MEMBERSHIP LIST DISCLOSURE.—No disclosure is 

required under this Act, by reason of this subparagraph, with respect 

to lobbying activities if it is publicly available knowledge that the organization that would be identified under this subparagraph is affiliated 

with the client concerned 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 subparagraph 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 subparagraph.’’. 

SEC. 207. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE BRANCH 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. 208. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION; MAINTENANCE OF 

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 a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(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); and 

‘‘(10) retain the information contained in a registration or report filed under 

this Act for a period of at least 6 years after the registration or report (as the 

case may be) is filed.’’. 

(b) AVAILABILITY OF REPORTS.—

(1) IN GENERAL.—Section 6(4) of the Lobbying Disclosure Act of 1995 (2 

U.S.C. 1605) is amended 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), make such report available for public inspection over the Internet not more 

than 48 hours after the report is so filed’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the day after the end of the first calendar quarter that begins after the 

date of the enactment of this Act. 

(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 Lobbying Disclosure Act of 1995 (2 U.S.C. 1605), as added by subsection (a) of 

this section. 

SEC. 209. INAPPLICABILITY TO CERTAIN POLITICAL COMMITTEES. 

The amendments made by this title shall not apply to the activities of any political committee described in section 301(4) of the Federal Election Campaign Act of 

1971 (2 U.S.C. 431(4)). 

SEC. 210. EFFECTIVE DATE. 

Except as otherwise provided, the amendments made by this title shall apply 

with respect to any quarterly filing period under the Lobbying Disclosure Act of 

1995 that begins on or after January 1, 2008. 

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TITLE III—ENFORCEMENT OF LOBBYING 

RESTRICTIONS 

SEC. 301. 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 striking ‘‘Whoever’’ and inserting ‘‘(a) CIVIL PENALTY.—Whoever’’; 

(2) by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’; and 

(3) by adding at the end the following: 

‘‘(b) CRIMINAL PENALTY.—Whoever knowingly and corruptly fails to comply with 

any provision of this Act shall be imprisoned for not more than 5 years or fined 

under title 18, United States Code, or both.’’. 

TITLE IV—INCREASED DISCLOSURE 

SEC. 401. PROHIBITION ON OFFICIAL CONTACT WITH SPOUSE OF MEMBER WHO IS A REGISTERED LOBBYIST. 

Rule XXV of the Rules of the House of Representatives is amended by adding 

at the end the following new clause: 

‘‘7. A Member, Delegate, or Resident Commissioner shall prohibit all staff employed by that Member, Delegate, or Resident Commissioner (including staff in personal, committee, and leadership offices) from having any official contact with that 

individual’s spouse if that spouse is a lobbyist under the Lobbying Disclosure Act 

of 1995 or is employed or retained by such a lobbyist for the purpose of influencing 

legislation.’’. 

SEC. 402. POSTING OF TRAVEL AND FINANCIAL DISCLOSURE REPORTS ON PUBLIC WEBSITE 

OF CLERK OF THE HOUSE OF REPRESENTATIVES. 

(a) REQUIRING POSTING ON INTERNET.—The Clerk of the House of Representatives shall post on the public Internet site of the Office of the Clerk, in a format 

that is searchable, sortable, and downloadable, each of the following: 

(1) The advance authorizations, certifications, and disclosures filed with respect to transportation, lodging, and related expenses for travel under clause 

5(b) of rule XXV of the Rules of the House of Representatives by Members (including Delegates and Resident Commissioners to the Congress), officers, and 

employees of the House. 

(2) The reports filed under section 103(h)(1) of the Ethics in Government 

Act of 1978 by Members of the House of Representatives (including Delegates 

and Resident Commissioners to the Congress). 

(b) APPLICABILITY AND TIMING.—

(1) APPLICABILITY.—Subject to paragraph (2), subsection (a) shall apply 

with respect to information received by the Clerk of the House of Representatives on or after the date of the enactment of this Act. 

(2) TIMING.—The Clerk of the House of Representatives shall—

(A) not later than August 1, 2008, post the information required by 

subsection (a) that the Clerk receives by June 1, 2008; and 

(B) not later than the end of each 45-day period occurring after information is required to be posted under subparagraph (A), post the information required by subsection (a) that the Clerk has received since the last 

posting under this subsection. 

(c) RETENTION.—The Clerk shall maintain the information posted on the public 

Internet site of the Office of the Clerk under this section for a period of at least 

6 years after receiving the information. 

TITLE V—GENERAL PROVISIONS 

SEC. 501. RULE OF CONSTRUCTION. 

Nothing in this Act or the amendments made by this Act shall be construed to 

prohibit any expressive conduct protected from legal prohibition by, or any activities 

protected by the free speech, free exercise, or free association clauses of, the First 

Amendment to the Constitution. 

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PURPOSE AND SUMMARY

Federal lobbying is a multi-billion dollar industry, and spending 

to influence Members of Congress and Executive Branch officials 

has continued to increase over the last decade. While the Lobbying 

Disclosure Act was intended to promote transparency and accountability in the Federal lobbying industry, it falls far short of a complete solution. Its shortcomings were highlighted during the 109th 

Congress by the conviction of a high-profile lobbyist, as well as a 

number of highly publicized incidents involving and the provision 

of privately-funded travel, free meals, and lavish entertainment by 

lobbyists to Members of Congress, congressional staff, and some 

Executive Branch officials in exchange for favorable treatment for 

clients with specific interests before the Government. 

H.R. 2316, the ‘‘Honest Leadership and Open Government Act of 

2007,’’ addresses these loopholes in current law by requiring more 

rigorous disclosure of lobbying-related activities and heightened enforcement of lobbying laws and regulations. 

BACKGROUND AND NEED FOR THE LEGISLATION

THE LOBBYING DISCLOSURE ACT OF 1995

In 1995, Congress undertook the most comprehensive overhaul of 

Federal lobbying law in nearly 50 years. The ‘‘Lobbying Disclosure 

Act of 1995’’ (‘‘LDA’’) was crafted to provide more specific thresholds, and more inclusive definitions of ‘‘lobbyist’’ and ‘‘lobbying’’ activities and contacts that would trigger the requirements for the 

registration and reporting of those who are compensated for their 

lobbying activities. The LDA requires lobbyists and lobbying firms, 

as defined in the Act, to register with the Secretary of the Senate 

and the Clerk of the House within 45 days after making lobbying 

contacts or being employed to make such contacts. These lobbyists 

also must submit semi-annual reports identifying their clients and 

employers, the costs of lobbying, and the issues on which they lobbied. These reports must identify the name of the registrant, lobbyists the registrant employs, the client, and the broad issue areas 

for which lobbying was done. In addition, the disclosure must include: 

(1) a good faith estimate, by broad category, of the total 

amount of lobbying-related income from the client, or expenditures by an organization lobbying in its own behalf, 

during the semiannual period (expenditures may be estimated at less than $10,000 or in increments of $20,000); 

(2) the specific issues that were the subject of the lobbyist’s efforts, including a list of bill numbers ‘‘to the maximum extent practicable;’’

(3) a statement identifying which bodies of Congress and the 

Federal agencies that were contacted by the lobbyist; and 

(4) a list of the employees of the registrant who acted as lobbyists on behalf of the client, and a declaration of any previous employment as a covered Executive Branch or Legislative Branch official in the 2 years prior to registration. 

The Secretary of the Senate and the Clerk of the House are responsible for reviewing and, where necessary, verifying the accumstockstill on PROD1PC66 with HEARING

10 

racy of registrations and reports that are made, and are further required to make the registrations and reports available for public inspection and copying. Moreover, the Secretary and the Clerk must 

notify in writing any lobbyist or lobbying firm of noncompliance 

with registration and reporting requirements, and must further notify the U.S. Attorney for the District of Columbia of such noncompliance if the lobbyist or lobbying firm fails to remedy its noncompliance within 60 days of having received the notice. Whoever 

knowingly fails to timely remedy a defective filing within 60 days 

after such notice by the Secretary or the Clerk, or knowingly fails 

to comply with any other provision of the Act, is subject to a civil 

fine of not more than $50,000. 

NEED FOR LEGISLATION

In a study of the Federal lobbying industry published in April 

2006, the Center for Public Integrity found that since 1998, lobbyists have spent nearly $13 billion to influence Members of Congress 

and other Federal officials on legislation and regulations. The same 

study found that in 2003 alone, lobbyists spent $2.4 billion, with 

expenditures for 2004 estimated to grow to at least $3 billion. This 

is roughly twice as much as the already vast amount that was 

spent on Federal political campaigns in the same time period. 

The LDA contains a number of measures to help prevent inappropriate influence in the lobbying arena and promote greater 

transparency in lobbying activities. According to the Center’s study, 

however, compliance with these requirements has been lacking. For 

example, the Center found: 

• during the last 6 years, 49 out of the top 50 lobbying firms 

have failed to file one or more of the required forms; 

• nearly 14,000 documents that should have been filed are 

missing; 

• almost 300 individuals, companies, or associates have lobbied without being registered; 

• more than 2,000 initial registrations were filed after the 

legal deadline; and 

• in more than 2,000 instances, lobbyists never filed the required termination documents at all. 

Although the LDA requires the Secretary of the Senate and the 

Clerk of the House to refer cases of noncompliance to the U.S. Attorney for the District of Columbia for enforcement, it appears that 

this has not been done until very recently. It also appears that the 

number of infractions actually investigated by the Secretary or the 

Clerk is not nearly on a scale with the extent of noncompliance. It 

is also unclear whether enforcement actions are being effectively 

pursued by the Department of Justice. 

HEARINGS

The Committee’s Subcommittee on the Constitution, Civil Rights, 

and Civil Liberties held a hearing to examine the issue of lobbying 

reform and S. 1, a Senate counterpart to H.R. 2316, on March 1, 

2007. Witness testimony was received from Ken Gross, a partner 

with Skadden, Arps, Slate, Meagher & Flom; Sarah Dufendach, 

Chief of Legislative Affairs at Common Cause; Thomas E. Mann, 

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11 

Senior Fellow for Governance Studies at the Brookings Institution; 

and Bradley Smith, former Chairman of the Federal Election Commission. 

COMMITTEE CONSIDERATION

On May 17, 2007, the Committee met in open session and ordered the bill H.R. 2316 favorably reported with an amendment, by 

a voice vote, a quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

rollcall votes occurred during the Committee’s consideration of H.R. 

2316: 

1. An amendment by Mr. Meehan to prohibit payment for an 

event in honor of a Member of Congress at a national political 

party nominating convention. Defeated 5 to 27. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................

Ms. Waters ........................................................................................................

Mr. Meehan ....................................................................................................... X 

Mr. Delahunt .....................................................................................................

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez .....................................................................................................

Mr. Sherman .....................................................................................................

Ms. Baldwin ...................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ........................................................................................................... X 

Ms. Wasserman Schultz ....................................................................................

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ...................................................................................... X 

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte ....................................................................................................

Mr. Chabot ........................................................................................................ X 

Mr. Lungren ....................................................................................................... X 

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence .......................................................................................................... X 

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

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ROLLCALL NO. 1—Continued 

Ayes Nays Present 

Total ................................................................................................ 5 27 

2. An amendment by Mr. Chabot to extend the authorization of 

the Ethics in Government Act of 1978. Defeated 17 to 18. 

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................

Mr. Meehan ....................................................................................................... X 

Mr. Delahunt ..................................................................................................... X 

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez .....................................................................................................

Mr. Sherman .....................................................................................................

Ms. Baldwin ...................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ........................................................................................................... X 

Ms. Wasserman Schultz ....................................................................................

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ...................................................................................... X 

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren ....................................................................................................... X 

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence .......................................................................................................... X 

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 17 18 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

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NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 2316, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 21, 2007. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2316, the Honest Leadership and Open Government Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Deborah Reis and 

Matthew Pickford (for Federal costs), who can be reached at 226–

2860, and Craig Cammarata (for the private-sector impact), who 

can be reached at 226–2940. 

Sincerely, 

PETER R. ORSZAG, 

DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 

H.R. 2316—Honest Leadership and Open Government Act of 2007. 

SUMMARY

H.R. 2316 would amend the Lobbying Disclosure Act of 1995 and 

the rules of the House of Representatives. Major provisions of the 

legislation would expand reporting requirements for lobbyists and 

Members of Congress and would prohibit lobbyists from making 

gifts to or financing travel for Members or Congressional employees. In addition, H.R. 2316 would require the Senate and the 

House of Representatives to provide free Internet access to information in lobbying reports and registrations filed with the Congress, including new reports that would be required under the bill 

concerning Congressional travel and lodging expenses. 

CBO estimates that implementing H.R. 2316 would cost about $1 

million a year, beginning in fiscal year 2008, subject to the availability of appropriated funds. Enacting the bill could increase revenues and direct spending from fines and penalties on new violations of campaign finance laws, but CBO estimates that those effects would not be significant. 

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H.R. 2316 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on State, local, or tribal governments. 

H.R. 2316 would impose several private-sector mandates, as defined in UMRA, on the lobbying industry and certain political organizations. Based on information from the Secretary of the Senate 

and the Clerk of the House, CBO estimates that the aggregate direct cost of all of the mandates in the bill would fall below the annual threshold established by UMRA for private-sector mandates 

($131 million in 2007, adjusted annually for inflation). 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 2316 is shown in the following table. The costs of this legislation fall within budget function 800 (general government). 

By Fiscal Year, in Millions of Dollars 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1

Estimated Authorization Level 1 1 1 1 1 

Estimated Outlays 1 1 1 1 1 

1. Enacting the bill could also increase collections from civil and criminal penalties. Such penalties are recorded in the 

budget as revenues, and criminal penalties may later be spent. CBO estimates any resulting collections and spending would 

be less than $500,000 a year. 

BASIS OF ESTIMATE

For this estimate, CBO assumes that the bill will be enacted 

near the end of fiscal year 2007 and that spending will follow historical patterns for similar activities. 

Spending Subject to Appropriation 

The legislation would expand Congressional reporting requirements for lobbyists and would require the House and Senate to 

make information filed by lobbyists available on the Internet. 

Based on information provided by Congressional administrative 

staff, CBO estimates that Congressional offices and committees 

would spend about $1 million annually to collect, maintain, and 

disseminate information provided by lobbyists. 

Revenues and Direct Spending 

Enacting H.R. 2316 could increase Federal revenues and direct 

spending as a result of additional civil and criminal penalties for 

new violations of lobbying disclosure laws. Collections of civil penalties are recorded in the budget as revenues. Collections of criminal penalties are recorded in the budget as revenues, deposited in 

the Crime Victims Fund, and later spent without further appropriation. CBO estimates that any additional revenues and direct 

spending that would result from enacting the bill would not be significant because of the relatively small number of cases likely to be 

involved. 

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ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

H.R. 2316 contains no intergovernmental mandates as defined in 

UMRA and would impose no costs on State, local, or tribal governments. 

ESTIMATED IMPACT ON THE PRIVATE SECTOR

H.R. 2316 would impose several private-sector mandates, as defined in UMRA, on the lobbying industry and certain political organizations. The bill would impose new restrictions on lobbying activities and require lobbying entities, coalitions and associations to 

submit additional reports and disclosures to the Secretary of the 

Senate and the Clerk of the House. Based on information from 

those offices, CBO estimates that the aggregate direct cost of all of 

the private-sector mandates in the bill would fall below the annual 

threshold established by UMRA ($131 million in 2007, adjusted annually for inflation). 

The bill would impose several new requirements on lobbyists and 

lobbying organizations. Requirements on lobbyists and lobbying organizations would include but not be limited to: 

• Electronic filing of lobbyist registrations and disclosure reports filed with the Secretary of the Senate or the Clerk of 

the House of Representatives; 

• Quarterly, instead of semiannual, filing of lobbying disclosure reports; and 

• Additional information in registration and disclosure reports 

including information on: 

—Contributions to members, Congressional staff, Federal officers and political entities by lobbyists; 

—Any gifts distributed by lobbying entities; and 

—Whether or not each registered lobbyist had prior experience as a covered executive or legislative branch official. 

As of January 1, 2006, all lobbyists and lobbying organizations 

must register and file semiannual disclosure reports electronically 

with the Clerk of the House. However, electronic reporting is still 

optional for lobbyists and lobbying organizations filing in the Senate. Since all lobbyists must file similar reports with both the Clerk 

of the House and the Secretary of the Senate, the incremental cost 

of filing reports electronically with the Secretary of the Senate 

should be minimal. Because such entities already collect the information requested in the registration and disclosure reports, CBO 

estimates that the incremental costs associated with the new reporting requirements in the bill would not be substantial relative 

to UMRA’s annual threshold for private-sector mandates. 

The bill also would amend the Lobbying Disclosure Act of 1995 

to require certain coalitions and associations to file disclosure reports. Those entities are not currently required to file disclosure reports with the Secretary of the Senate or the Clerk of the House. 

CBO expects the cost of compliance for those organizations to be 

small, relative to UMRA’s annual threshold for private-sector mandates, because the reports would be filed electronically and the organizations would not be required to collect additional information. 

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ESTIMATE PREPARED BY: 

Federal Costs: Matthew Pickford and Deborah Reis (226–2860) 

Impact on State, Local, and Tribal Governments: Elizabeth Cove 

(225–3220) 

Impact on the Private-Sector: Craig Cammarata (226–2940) 

ESTIMATE APPROVED BY: 

Peter H. Fontaine 

Deputy Assistant Director for Budget Analysis 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 2316 is provided 

to offer more rigorous requirements with respect to the disclosure 

and enforcement of lobbying laws and regulations. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article 1, section 5, clause 2, and article 1 section 8, 

clauses 3 and 18 of the Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 2316 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of Rule XXI. 

SECTION-BY-SECTION ANALYSIS

Sec. 1. Short Title and Table of Contents. Section 1(a) sets forth 

the short title of the Act as the ‘‘Honest Leadership and Open Government Act of 2007.’’ Section 1(b) sets forth the Act’s table of contents. 

Sec. 101. Disclosure by Members and Staff of Employment Negotiations. Section 101 adds a new Rule XXVII to the Rules of the 

House of Representatives that prohibits a Member, Delegate, or 

Resident Commissioner from entering into any negotiation or 

agreement with regard to future employment or salary until his or 

her successor has been elected unless, within three business days 

after the commencement of such negotiation or agreement, he or 

she files a signed statement with the Committee on Standards of 

Official Conduct (Standards Committee) disclosing the nature of 

such negotiation or agreement, the name of the private entity or 

entities involved, and the date when such agreement or negotiation 

commenced. In addition, section 101 requires senior staff earning 

more than 75% of a Member’s salary to notify the Standards Committee that he or she is negotiating, or has reached agreement on, 

future employment or salary within three business days of commencing such negotiation or agreement. The provision also specifies that an individual required to make such disclosure must 

recuse himself or herself from any matter in which there is a conflict of interest or an appearance of a conflict. Section 101(4) further requires that a Member, Delegate, or Resident Commissioner 

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submit a statement of disclosure to the Clerk for public release in 

the event that such a recusal is made. 

Sec. 102. Wrongfully Influencing a Private Entity’s Employment 

Decisions or Practices. Section 102 amends title 18 of the United 

States Code by adding a new section 227, which prohibits a Member, Delegate, Resident Commissioner, or senior staff from influencing employment decisions or practices of private entities for partisan political gain. A violation of this provision subjects the individual to being fined or imprisoned for a term up to 15 years. 

Sec. 103. Additional Restrictions on Contractors. Section 103 

amends title 18 of the United States Code to provide that an attorney or law firm, contracting to provide services to a committee of 

Congress, a Member of the Leadership of either House of Congress, 

a covered Legislative Branch official, or a working group or congressional caucus, may not knowingly make, with the intent to influence, any communication or appearance before any Member, officer, or employee of either House of Congress, on behalf of another 

in connection with any matter on which the attorney or law firm 

seeks official action by the Member, officer, or employee in his or 

her official capacity during the term of the contract and for 1 year 

thereafter. 

Sec. 104. Effective Date. Section 104(a) provides that section 101 

of the Act takes effect on the date of enactment of the Act and applies to negotiations commenced, and agreements entered into, on 

or after such date. Section 104(b) provides that section 102 takes 

effect on the Act’s date of enactment. Section 104(c) provides that 

section 103 takes effect on May 23, 2007 and applies with respect 

to any contract entered into before, on or after such date. 

Sec. 201. Quarterly Filing of Lobbying Disclosure Reports. Section 

201 amends various sections of the Lobbying Disclosure Act to 

mandate quarterly, rather than semiannual, disclosure of lobbying 

reports. Registration is not required if the total income from lobbying activities does not exceed $2,500 (compared with $5,000 

under current law) or total expenses in connection with lobbying 

activities does not exceed $10,000 ($20,000 under current law). The 

registration must contain information regarding any organization, 

other than the client, that contributes more than $5,000 ($10,000 

under current law) toward the lobbying activities of the registrant. 

Sec. 202. Electronic Filing of Lobbying Disclosure Reports. Section 202 amends section 5 of the Lobbying Disclosure Act to require 

electronic, rather than paper, filing of lobbying reports. 

Sec. 203. Additional Lobbying Disclosure Requirements. Section 

203 amends section 5(b) of the Lobbying Disclosure Act to require 

that lobbyists, lobbying firms, and their employees certify on their 

disclosure report that they did not give a gift in violation of the 

rules of the House or of the Senate. 

Sec. 204. Quarterly Reports on Other Contributions. Section 204 

amends section 5 of the Lobbying Disclosure Act to require lobbyists to provide additional information in the mandatory quarterly 

reports beyond what is required under current law with respect to 

contributions made to a Federal candidate, officeholder, leadership 

PAC, or political party committee if the contributions aggregate 

$200 or more in the calendar year. It further requires that lobbyists disclose the amount of any funds provided to an organization 

described in section 527 of the Internal Revenue Code of 1986 that 

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is not treated as a political committee under the campaign finance 

rules, as well as the recipient of those funds. 

Sec. 205. Prohibition on Provision of Gifts or Travel by Registered 

Lobbyists to Members of Congress and to Congressional Employees. 

Section 205 adds a new section 25 to the Lobbying Disclosure Act, 

making it a substantive violation of that Act for a lobbyist to provide a gift or travel to a Member, officer, or employee of Congress 

with knowledge that such gift or travel may not be accepted under 

the rules of the House or of the Senate. 

Sec. 206. Disclosure of Lobbying Activities by Certain Coalitions 

and Association. Section 206 amends section 3(2) of the Lobbying 

Disclosure Act to change the definition of ‘‘client.’’ This has the effect of requiring the disclosure of lobbying activities by certain coalitions and associations. In the case of a coalition or association 

that employs lobbyists, the client is each of the individual members 

of the coalition or association. In contrast, current law provides 

that the client is the coalition or association itself. Section 206 exempts 501(c)(3) associations and other associations described under 

section 501(c) from the requirements of this section if such associations engage in substantial exempt activities with respect to the 

specific issue for which it engaged the person required to file. Disclosure regarding a member of a coalition or association is not required if the amount reasonably expected to be contributed by such 

member towards the activities of the coalition or association of influencing legislation is less than $500 per quarter. This exemption 

does not apply if the member of a coalition or association unexpectedly makes aggregate contributions of more than $500 in any quarterly period. Section 206 also clarifies that it does not require disclosure of the donors and individual members of such a coalition 

or association. 

Sec. 207. Disclosure by Registered Lobbyists of Past Executive 

Branch and Congressional Employment. Section 207 amends section 4(b)(6) of the Lobbying Disclosure Act to require lobbyists who 

have formerly served as a covered Executive Branch or Legislative 

Branch official to disclose such prior employment. In contrast, current law mandates the disclosure of such prior employment only if 

it ended in the 2-year period before the lobbyist commenced 

present employment. 

Sec. 208. Public Database of Lobbying Disclosure Information; 

Maintenance of Information. Section 208 amends section 6 of the 

Lobbying Disclosure Act to require the Secretary of the Senate and 

the Clerk of the House to maintain and provide online access free 

of charge in a searchable, sortable, and downloadable manner, to 

an electronic database that includes the information contained in 

registrations and reports filed under the Lobbying Disclosure Act 

(as amended by this Act) and that directly links reports under the 

Federal Election Campaign Act for a period of 6 years after they 

are filed. The reports must be made available within 48 hours after 

being filed. 

Sec. 209. Inapplicability to Certain Political Committees. Section 

209 exempts political committees, as defined in Section 301(4) of 

the Federal Election Campaign Act of 1971, from the requirements 

of title II of the bill. The sole purpose of section 209 is to ensure 

that nothing in Title II shall be construed to make any changes to 

the requirements imposed on political committees under the Fedmstockstill on PROD1PC66 with HEARING

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eral Election Campaign Act of 1971, 2 U.S.C. §§ 431 et seq. Section 

209 does not alter or limit the requirements imposed on lobbyists 

under Title II with regard to contributions made to, or raised for, 

political committees, and does not otherwise alter or limit the requirements of lobbyists under Title II with regard to the activities 

of political committees. 

Sec. 210. Effective Date. Section 210 sets forth the effective date 

of title II of the bill as January 1, 2008, except as otherwise provided in the Act. 

Sec. 301. Increased Civil and Criminal Penalties for Failure To 

Comply with Lobbying Disclosure Requirements. Section 301 increases the civil penalty for a violation of the Lobbying Disclosure 

Act from $50,000 to $100,000. The provision imposes a criminal 

penalty of up to 5 years for knowing and corrupt failure to comply 

with that Act. 

Sec. 401. Prohibition on Official Contact with Spouse of Member 

Who Is a Registered Lobbyist. Section 401 amends rule XXV of the 

Rules of the House to require a Member to prohibit everyone on his 

or her staff from having any official contact with the Member’s 

spouse if such spouse is a registered lobbyist or is employed or retained by a registered lobbyist to influence legislation. 

Sec. 402. Posting of Travel and Financial Disclosure Reports on 

Public Website of Clerk of the House of Representatives. Section 402 

requires the Clerk of the House to publicly post on an Internet site 

hosted by the House, within 45 days of filing, documents related 

to travel, lodging, and related expenses and reports under section 

103(h)(1) of the Ethics in Government Act filed by Members, Delegates, and Resident Commissioners. 

Sec. 501. Rule of Construction. Section 501 clarifies that nothing 

in this Act shall be construed to prohibit any expressive conduct 

protected by the first amendment to the Constitution. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

RULES OF THE HOUSE OF REPRESENTATIVES 

ONE HUNDRED TENTH CONGRESS 

* * * * * * * 

RULE XXV 

LIMITATIONS ON OUTSIDE EARNED INCOME AND ACCEPTANCE OF

GIFTS

Outside earned income; honoraria 

1. (a) * * * 

* * * * * * * 

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7. A Member, Delegate, or Resident Commissioner shall prohibit all staff employed by that Member, Delegate, or Resident Commissioner (including staff in personal, committee, and leadership offices) from having any official contact with that individual’s spouse 

if that spouse is a lobbyist under the Lobbying Disclosure Act of 

1995 or is employed or retained by such a lobbyist for the purpose 

of influencing legislation. 

* * * * * * * 

RULE XXVII 

DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT

NEGOTIATIONS

1. A Member, Delegate, or Resident Commissioner shall not directly negotiate or have any agreement of future employment or compensation until after his or her successor has been elected, unless 

such Member, Delegate, or Resident Commissioner, within 3 business days after the commencement of such negotiation or agreement 

of future employment or compensation, files with the Committee on 

Standards of Official Conduct a statement, which must be signed 

by the Member, Delegate, or Resident Commissioner, regarding such 

negotiations or agreement, including the name of the private entity 

or entities involved in such negotiations or agreement, and the date 

such negotiations or agreement commenced. 

2. An officer or an employee of the House earning in excess of 

75 percent of the salary paid to a Member shall notify the Committee on Standards of Official Conduct that he or she is negotiating or has any agreement of future employment or compensation. 

3. The disclosure and notification under this rule shall be made 

within 3 business days after the commencement of such negotiation 

or agreement of future employment or compensation. 

4. A Member, Delegate, or Resident Commissioner, and an officer or employee to whom this clause applies, shall recuse himself or 

herself from any matter in which there is a conflict of interest or an 

appearance of a conflict for that Member, Delegate, Resident Commissioner, officer, or employee under this rule and shall notify the 

Committee on Standards of Official Conduct of such recusal. A 

Member, Delegate, or Resident Commissioner making such recusal 

shall, upon such recusal, submit to the Clerk for public disclosure 

the statement of disclosure under clause 1 with respect to which the 

recusal was made. 

RULE øXXVII¿ XXVIII 

STATUTORY LIMIT ON PUBLIC DEBT. 

1. * * * 

* * * * * * * 

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RULE øXXVIII¿ XXIX 

GENERAL PROVISIONS. 

1. * * * 

* * * * * * * 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART I—CRIMES 

* * * * * * * 

CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF 

INTEREST 

Sec. 

201. Bribery of public officials and witnesses. 

* * * * * * * 

220. Restrictions on contractors with Congress. 

* * * * * * * 

227. Wrongfully influencing a private entity’s employment decisions by a Member 

of Congress. 

* * * * * * * 

§ 216. Penalties and injunctions 

(a) The punishment for an offense under section 203, 204, 205, 

207, 208, øor 209¿, 209, or 220 of this title is the following: 

(1) * * * 

* * * * * * * 

(b) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages 

in conduct constituting an offense under section 203, 204, 205, 207, 

208, øor 209¿, 209, or 220 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation 

or the amount of compensation which the person received or offered 

for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any 

other criminal or civil statutory, common law, or administrative 

remedy, which is available by law to the United States or any other 

person. 

(c) If the Attorney General has reason to believe that a person 

is engaging in conduct constituting an offense under section 203, 

204, 205, 207, 208, øor 209¿, 209, or 220 of this title, the Attorney 

General may petition an appropriate United States district court 

for an order prohibiting that person from engaging in such conduct. 

The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes 

such an offense. The filing of a petition under this section does not 

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preclude any other remedy which is available by law to the United 

States or any other person. 

* * * * * * * 

§ 220. Restrictions on contractors with Congress 

(a) RESTRICTIONS.—

(1) IN GENERAL.—If a person who is an attorney or a law 

firm, including a professional legal corporation or partnership, 

or an attorney employed by such a law firm, enters into a contract to provide services to—

(A) a committee of Congress, or a subcommittee of any 

such committee, 

(B) a Member of the leadership of the House of Representatives or a Member of the leadership of the Senate, 

(C) a covered legislative branch official, or 

(D) a working group or caucus organized to provide 

legislative services or other assistance to Members of Congress, 

the attorney or law firm entering into the contract, and the law 

firm by which the attorney entering into the contract is employed, may not, during the period prescribed in paragraph (2), 

knowingly make, with the intent to influence, any communication or appearance before any person described in paragraph 

(3), on behalf of any other person (except the United States), in 

connection with any matter on which such attorney or law firm 

seeks official action by a Member, officer, or employee of either 

House of Congress, in his or her official capacity. 

(2) PERIOD DESCRIBED.—The period referred to in paragraph (1) is the period during which the contract described in 

paragraph (1) is in effect, and a period of 1 year after the attorney or law firm, as the case may be, is no longer subject to the 

contract. 

(3) PERSONS DESCRIBED.—The persons referred to in paragraph (1) with respect to appearances or communications by an 

attorney or law firm are any Member, officer, or employee of either House of Congress. 

(b) PENALTY.—Any person who violates paragraph (1) shall be 

punished as provided in section 216. 

(c) DEFINITIONS.—For purposes of this section—

(1) the term ‘‘committee of Congress’’ includes any standing 

committee, joint committee, and select committee; 

(2) the term ‘‘covered legislative branch official’’ has the 

meaning given that term in section 3 of the Lobbying Disclosure 

Act of 1995; 

(3)(A) a person is an employee of a House of Congress if 

that person is an employee of the House of Representatives or 

an employee of the Senate; 

(B) the terms ‘‘employee of the House of Representatives’’ and 

‘‘employee of the Senate’’ have the meanings given those terms in 

section 207(e)(7); 

(4) an attorney is ‘‘employed’’ by a law firm if the attorney 

is an employee of, or a partner or other member of, the law 

firm; 

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(5) the terms ‘‘Member of the leadership of the House of 

Representatives’’ and ‘‘Member of the leadership of the Senate’’ have the meanings given those terms in section 207(e)(7); and 

(6) the term ‘‘Member of Congress’’ means a Senator or Representative in, or Delegate or Resident Commissioner to, the 

Congress. 

* * * * * * * 

§ 227. 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. 

* * * * * * * 

LOBBYING DISCLOSURE ACT OF 1995 

* * * * * * * 

SEC. 3. DEFINITIONS. 

As used in this Act: 

(1) * * * 

ø(2) CLIENT.—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. In the case of a coalition or association that 

employs or retains other persons to conduct lobbying activities, 

the client is the coalition or association and not its individual 

members.¿ 

(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), 

(iii), and (iv), 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 

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24 

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 the 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.—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 during the quarterly period during which the registration 

would be made. 

(iv) NO DONOR OR MEMBERSHIP LIST DISCLOSURE.—No disclosure is required under this Act, by 

reason of this subparagraph, with respect to lobbying 

activities if it is publicly available knowledge that the 

organization that would be identified under this subparagraph is affiliated with the client concerned 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 subparagraph 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 subparagraph. 

* * * * * * * 

(10) LOBBYIST.—The term ‘‘lobbyist’’ means any individual 

who is employed or retained by a client for financial or other 

compensation for services that include more than one lobbying 

contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services 

provided by such individual to that client over a øsix month 

period¿ 3-month period. 

* * * * * * * 

SEC. 4. REGISTRATION OF LOBBYISTS. 

(a) REGISTRATION.—

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(1) * * * 

* * * * * * * 

(3) EXEMPTION.—

(A) GENERAL RULE.—Notwithstanding paragraphs (1) 

and (2), a person or entity whose—

(i) total income for matters related to lobbying activities on behalf of a particular client (in the case of 

a lobbying firm) does not exceed and is not expected 

to exceed ø$5,000¿ $2,500; or 

(ii) total expenses in connection with lobbying activities (in the case of an organization whose employees engage in lobbying activities on its own behalf) do 

not exceed or are not expected to exceed ø$20,000¿ 

$10,000, 

(as estimated under section 5) in the øsemiannual period¿ 

quarterly period described in section 5(a) during which the 

registration would be made is not required to register 

under subsection (a) with respect to such client. 

* * * * * * * 

(b) CONTENTS OF REGISTRATION.—Each registration under this 

section shall contain—

(1) * * * 

* * * * * * * 

(3) the name, address, and principal place of business of 

any organization, other than the client, that—

(A) contributes more than ø$10,000¿ $5,000 toward 

the lobbying activities of the registrant in a øsemiannual 

period¿ quarterly period described in section 5(a); and 

* * * * * * * 

(4) the name, address, principal place of business, amount 

of any contribution of more than ø$10,000¿ $5,000 to the lobbying activities of the registrant, and approximate percentage 

of equitable ownership in the client (if any) of any foreign entity that—

(A) * * * 

* * * * * * * 

(6) the name of each employee of the registrant who has 

acted or whom the registrant expects to act as a lobbyist on behalf of the client and, if any such employee has served as a 

covered executive branch official øor a covered legislative 

branch official in the 2 years before the date on which such 

employee first acted (after the date of enactment of this Act) 

as a lobbyist on behalf of the client,¿ or a covered legislative 

branch official, the position in which such employee served. 

* * * * * * * 

SEC. 5. REPORTS BY REGISTERED LOBBYISTS. 

(a) øSEMIANNUAL¿ Quarterly Report.—No later than 45 days 

after the end of øthe semiannual period beginning on the first day 

of each January and the first day of July of each year¿ the quarterly period beginning on the first day of January, April, July, and 

October of each year in which a registrant is registered under secmstockstill on PROD1PC66 with HEARING

26 

tion 4, each registrant shall file a report with the Secretary of the 

Senate and the Clerk of the House of Representatives on its lobbying activities during øsuch semiannual period¿ such quarterly period. A separate report shall be filed for each client of the registrant. 

(b) CONTENTS OF REPORT.—Each øsemiannual report¿ quarterly report filed under subsection (a) shall contain— (1) * * * 

(2) for each general issue area in which the registrant engaged in lobbying activities on behalf of the client during the 

øsemiannual filing period¿ quarterly period— (A) * * * 

* * * * * * * 

(3) in the case of a lobbying firm, a good faith estimate of 

the total amount of all income from the client (including any 

payments to the registrant by any other person for lobbying activities on behalf of the client) during the øsemiannual period¿ 

quarterly period, other than income for matters that are unrelated to lobbying activities; øand¿ 

(4) in the case of a registrant engaged in lobbying activities on its own behalf, a good faith estimate of the total expenses that the registrant and its employees incurred in connection with lobbying activities during the øsemiannual filing 

period .¿ quarterly period; and 

(5) a certification that the lobbying firm, or registrant, and 

each employee listed as a lobbyist under section 4(b)(6) or paragraph (2)(C) of this subsection for that lobbying firm or registrant, has not provided, requested, or directed a gift, including travel, to a Member of Congress or an officer or employee 

of either House of Congress in violation rule XXXV of the 

Standing Rules of the Senate or rule XXV of the Rules of the 

House of Representatives. 

(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. 

(e) QUARTERLY REPORTS ON OTHER CONTRIBUTIONS.— (1) IN GENERAL.—Not later than 45 days after the end of 

the quarterly period beginning on the first day of January, 

April, July, and October of each year, or on the first business 

day after the first day of such month if that day is not a business day, each person who is registered or is required to register 

under paragraph (1) or (2) of section 4(a), and each employee 

who is or is required to be listed as a lobbyist under section 

4(b)(6) or subsection (b) of this section, shall file a report with 

the Secretary of the Senate and the Clerk of the House of Representatives containing— (A) the name of the person; 

(B) in the case of an employee, his or her the employer; 

(C) the names of all political committees established or 

administered by the person; 

(D) the name of each Federal candidate or officeholder, 

leadership PAC, or political party committee, to whom aggregate contributions equal to or exceeding $200 were made 

by the person or a political committee established or admstockstill on PROD1PC66 with HEARING

27 

ministered by the person within the calendar year, and the 

date and amount of each contribution made within the 

quarterly period; 

(E) the date, recipient, and amount of funds contributed, disbursed, or arranged (or a good faith estimate 

thereof) by the person or a political committee established 

or administered by the person during the quarterly period— (i) to pay the cost of an event to honor or recognize 

a covered legislative branch official or covered executive 

branch official; 

(ii) to, or on behalf of, an entity that is named for 

a covered legislative branch official, or to a person or 

entity in recognition of such official; 

(iii) 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 

(iv) 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; 

(F) any information reported to the Federal Election 

Commission under the second sentence of section 315(a)(8) 

of the Federal Election Campaign Act of 1971 (relating to 

reports by intermediaries and conduits of the original 

source and the intended recipient of contributions under 

such Act) during the quarterly period by the person or a political committee established or administered by the person; 

and 

(G) the amount and recipient of any funds provided to 

an organization described in section 527 of the Internal 

Revenue Code of 1986 that is not treated as a political committee under section 301(4) under the Federal Election 

Campaign Act of 1971. 

(2) DEFINITION.—In this subsection, the term ‘‘leadership 

PAC’’ means, with respect to an individual holding Federal office, an unauthorized political committee that is associated with 

an individual holding Federal office, except that such term 

shall not apply in the case of a political committee of a political 

party. 

SEC. 6. DISCLOSURE AND ENFORCEMENT. 

The Secretary of the Senate and the Clerk of the House of Representatives shall—

(1) * * * 

* * * * * * * 

(4) make available for public inspection and copying at reasonable times the registrations and reports filed under this Act 

and, in the case of a report filed in electronic form pursuant to 

section 5(d), make such report available for public inspection 

over the Internet not more than 48 hours after the report is so 

filed; 

* * * * * * * 

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(6) compile and summarize, with respect to each øsemiannual period¿ quarterly period, the information contained in 

registrations and reports filed with respect to such period in a 

clear and complete manner; 

(7) notify any lobbyist or lobbying firm in writing that may 

be in noncompliance with this Act; øand¿ 

(8) notify the United States Attorney for the District of Columbia that a lobbyist or lobbying firm may be in noncompliance with this Act, if the registrant has been notified in writing and has failed to provide an appropriate response within 

60 days after notice was given under paragraph (7)ø.¿; 

(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); and 

(10) retain the information contained in a registration or 

report filed under this Act for a period of at least 6 years after 

the registration or report (as the case may be) is filed. 

SEC. 7. PENALTIES. 

øWhoever¿ (a) CIVIL PENALTY.—Whoever knowingly fails to—

(1) remedy a defective filing within 60 days after notice of 

such a defect by the Secretary of the Senate or the Clerk of the 

House of Representatives; or 

(2) comply with any other provision of this Act; 

shall, upon proof of such knowing violation by a preponderance of 

the evidence, be subject to a civil fine of not more than ø$50,000¿ 

$100,000, depending on the extent and gravity of the violation. 

(b) CRIMINAL PENALTY.—Whoever knowingly and corruptly fails 

to comply with any provision of this Act shall be imprisoned for not 

more than 5 years or fined under title 18, United States Code, or 

both. 

* * * * * * * 

SEC. 15. ESTIMATES BASED ON TAX REPORTING SYSTEM. 

(a) ENTITIES COVERED BY SECTION 6033(b) OF THE INTERNAL

REVENUE CODE OF 1986.—A person, other than a lobbying firm, that 

is required to report and does report lobbying expenditures pursuant to section 6033(b)(8) of the Internal Revenue Code of 1986 

may—

(1) make a good faith estimate (by category of dollar value) 

of applicable amounts that would be required to be disclosed 

under such section for the appropriate øsemiannual period¿ 

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1 H. Rep. 109–439 Part I (109th Congress, 2d Sess.) at 109–110. 2 H. Rep. 109–439 Part I (109th Congress, 2d Sess.) at 111. 

quarterly period to meet the requirements of sections 4(a)(3) 

and 5(b)(4); and 

* * * * * * * 

(b) ENTITIES COVERED BY SECTION 162(e) OF THE INTERNAL

REVENUE CODE OF 1986.—A person, other than a lobbying firm, who 

is required to account and does account for lobbying expenditures 

pursuant to section 162(e) of the Internal Revenue Code of 1986 

may—

(1) make a good faith estimate (by category of dollar value) 

of applicable amounts that would not be deductible pursuant 

to such section for the appropriate øsemiannual period¿ quarterly period to meet the requirements of sections 4(a)(3) and 

5(b)(4); and 

* * * * * * * 

SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND TO 

CONGRESSIONAL EMPLOYEES 

(a) PROHIBITION.—Any person described in subsection (b) may 

not make a gift or provide travel to a Member, officer, or employee 

of Congress, if the person has knowledge that the gift or travel may 

not be accepted under the rules of the House of Representatives or 

the Senate. 

(b) PERSONS SUBJECT TO PROHIBITION.—The persons subject to 

the prohibition under subsection (a) are any lobbyist that is registered or is required to register under section 4(a)(1), any organization that employs 1 or more lobbyists and is registered or is required 

to register under section 4(a)(2), and any employee listed or required 

to be listed as a lobbyist by a registrant under section 4(b)(6). 

* * * * * * * 

ADDITIONAL VIEWS

Americans want and deserve honest government, and finally this 

Congress we have voted on a bill, H.R. 2316, which, as reported out 

of committee, is virtually identical to the bill that Republicans 

passed last Congress, including disclosure of Members’ private-sector employment negotiations, prohibition of threats by Members to 

influence private-sector employment, the creation of a public lobbying database with increased frequency of lobbying disclosure, and 

increased penalties for lobbyist disclosure violations. Last year’s 

Republican bill went further by including a moratorium on privately funded travel. It also required lobbyists to report their expenses more precisely. 

Indeed, regarding all the provisions that were reported out of the 

committee last Congress, Mr. Conyers said ‘‘I am very pleased to 

join in this cooperative effort . . . Ladies and gentlemen, what we 

do with the manager’s amendment in short has considerably 

strengthened the measure before us that is within our jurisdiction 

and I urge its support.’’ 1 Mr. Nadler said ‘‘I support the manager’s 

amendment which advances this legislation. This legislation goes to 

the very heart of this institution’s credibility and integrity...’’ 2

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3 H. Rep. 109–439 Part I (109th Congress, 2d Sess.) at 154 (emphasis added). 

And Representatives Conyers, Nadler, Scott, Watt, Lofgren, Jackson Lee, Meehan, Wexler, Weiner, Schiff, Sanchez, Van Hollen, and 

Wasserman Schultz all stated the following of that amendment last 

Congress in the committee report on the legislation: ‘‘At the markup, we were able to develop a bipartisan provision concerning the 

areas of Judiciary Committee jurisdiction—principally the Lobbying 

Disclosure Act.’’ 3

The increased disclosures required in H.R. 2316 are largely those 

that were contained in Sections 101 through 108 of H.R. 4975 as 

reported out of the Judiciary Committee during the last Congress. 

That bipartisan effort in this committee last Congress included provisions that require additional quarterly disclosures by lobbyists; 

disclosures of the names of federal candidates and officeholders, 

their leadership PACs, or political committees for whom fundraising events are hosted by lobbyists; disclosures of information 

regarding payments for events honoring Members; disclosures of 

payments to entities named for Members; disclosures of payments 

made to entities established, financed, maintained and controlled 

by Members as defined under current federal regulations; and disclosures of payments for retreats and conferences for the benefit of 

Members. That bipartisan effort in the last Congress also included 

requirements that lobbyists round their estimates of expenses to 

the nearest $1,000 and that the Clerk of the House link lobbying 

disclosure reports to relevant FEC filings on the Internet. In addition, it included provisions for criminal penalties of not more than 

3 years in jail for knowing and willful failures to comply, and not 

more than 5 years for knowing, willful, and corrupt failures to comply. 

We are pleased that H.R. 2316 addresses many of the same reforms we reported out of this committee during the last Congress, 

and that the majority has finally seen its way to support legislation 

that is virtually identical to what Republicans supported last Congress. 

We are also pleased to see that this legislation does not contain 

provisions that have already been rejected by the Senate because 

they may violate the First Amendment, namely regulations of 

grassroots communications. 

We are pleased that an amendment offered by Mr. Cannon was 

adopted by voice vote. That amendment provides for a one-year revolving door ban that would prohibit private lawyers who enter 

contracts with congressional committees from lobbying Congress 

while under contract with such committee, and also prohibit such 

lawyers from lobbying Congress within one year of the expiration 

of such contract. If a committee is going to enter into a contract 

with a private law firm, the private lawyers working under that 

contract are going to become congressional insiders for purposes of 

their committee work. Just as a revolving door ban currently applied to prevent Members and senior staff from lobbying Congress 

within one year of their service in Congress, this amendment appropriately would impose a revolving door ban to prevent lawyers 

who are under contract with a committee of Congress from taking 

unfair advantage of the connections they made while under contract. 

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4Letter from the American Civil Liberties Union to U.S. Senators, ‘‘Support Bennett Amendment S.A. 20 to S. 1 ‘‘The Legislative Transparency and Accountability Act of 2007’’ (January 

17, 2007). 5 Rumely v. United States, 345 U.S. 41, 47 (1953) (emphasis added). 6 Id. at 46. 

We are also pleased that an amendment offered by Mr. King was 

adopted by voice vote. That amendment would require the posting 

of travel and financial disclosure reports on the public website of 

the Clerk of the House of Representatives to be listed in a format 

that is searchable and sortable. 

We are disappointed, however, that the committee failed to adopt 

an amendment offered by Mr. Chabot that would have reauthorized 

the Office of Government Ethics for five years (through fiscal year 

2012). The Office of Government Ethics guides executive branch 

policies specifically related to preventing conflicts of interest on the 

part of officers and employees of any executive agency and to facilitating the timely resolution of those conflicts that do occur. Although other attempts have been made to reauthorize this important agency, none have been successful so far. 

GRASSROOTS COMMUNICATIONS REGULATIONS

We are very pleased to see that an amendment offered by Mr. 

Meehan that would have regulated grassroots communications was 

rejected by voice vote. 

As the American Civil Liberties Union has stated in opposing 

provisions regulating grassroots communications, ‘‘Petitioning the 

government is core political speech, for which First Amendment 

protection is at its zenith.’’ 4

Subjecting to federal regulation the voluntary efforts of members 

of the general public to communicate their own views cuts to the 

core of the freedom of speech that has made this country the most 

vibrant, creative, and free nation on Earth. It has always cost 

money to organize large numbers of people. That a private organization might get paid to simply facilitate organizing large numbers 

of citizens behind a common cause, freely agreed to, should not be 

subject to speech-chilling regulations. 

Of course, grassroots communications are not ‘‘lobbying’’ at all, 

and the Supreme Court has said exactly that. In Rumely v. United 

States, the Supreme Court interpreted a Congressional resolution 

regarding lobbying as not including paid efforts to influence the 

general public because the Court said interpreting the resolution in 

that manner would cause ‘‘a serious constitutional doubt’’ 5 about 

the legislation’s validity. The Court explained that any other interpretation of the resolution would ‘‘raise[] doubts of constitutionality 

in view of the prohibition of the First Amendment.’’ 6 The Court approvingly noted the decision of the appeals court, which had clearly 

laid out the constitutional dangers created by lumping grassroots 

communications into the definition of ‘‘lobbying:’’

It is said that lobbying itself is an evil and a danger. We agree 

that lobbying by personal contact may be an evil and a potential danger to the best in legislative processes. It is said that 

indirect lobbying by the pressure of public opinion on the Congress is an evil and a danger. That is not an evil; it is a good, 

the healthy essence of the democratic process. It is said that the 

financing of extensive efforts to influence public opinion is an 

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7 Rumely v. United States, 197 F.2d 166, 174 (D.C. Cir. 1952). 8 347 U.S. 612, 615 (1954). 

9 Id. at 620. The Court stated that it was ‘‘construing the act narrowly to avoid constitutional 

doubts.’’ Id. at 623. 10 ‘‘Congress and Pressure Groups: Lobbying in a Modern Democracy: A Report Prepared for 

the Subcommittee on Intergovernmental Relations of the Committee on Governmental Affairs, 

United States Senate, by the Congressional Research Service (S. Prt. 99–161) (June 1986) at 

45. 11Federal Lobbying (Jerald A. Jacobs, ed.) (BNA Books 1989) at 6. 12 Id. at 625. 

evil and a danger. As to that, generalities are inaccurate . . . 

[T]he case before us concerns . . . the formation of public opinion through the processes of information and persuasion. There 

is no evil or danger in that process.7

Any regulation of grassroots communications would regulate the 

formation of public opinion through the processes of persuasion, 

and would therefore be unconstitutional. 

In United States v. Harriss, the Supreme Court dealt with a lobbying regulation that applied to all those who ‘‘influence, directly 

or indirectly, the passage or defeat of any legislation by the Congress of the United States.’’ 8 The regulations imposed upon individuals and organizations in that case were very similar to Democrats’ efforts to regulate grassroots communications today. The Supreme Court, however, interpreted the regulation to only apply to 

direct contact with Congress. The Court upheld the regulation by 

construing it ‘‘to refer only to ‘lobbying in its commonly accepted 

sense’—to direct communication with members of Congress on 

pending or proposed federal legislation,’’ 9 even though on its face 

the regulations would have extended to the same so-called ‘‘grassroots’’ communications Democrats want to regulate today. 

The Congressional Research Service confirmed this analysis in 

1986, when it prepared a report for the Senate Subcommittee on 

Intergovernmental Relations of the Committee on Governmental 

Affairs. CRS wrote in that report that: 

The Court’s ruling, in U.S. v. Harriss followed the reasoning in 

Rumely and interpreted the [Lobby] Act narrowly. Thus today, 

the Court’s interpretation applies the law only to individuals 

and groups who collect or receive money for the principal purpose of influencing legislation through direct contacts with 

Members of Congress . . . Since only direct contacts with 

Members—lobbying in its commonly accepted sense, in the 

Court’s determination—are covered, the Lobby Act exempts 

contacts between lobbyists and congressional staff, and grassroots lobbying.10

Further, a major treatise on federal lobbying law concluded that 

‘‘In the Harriss decision, the Supreme Court repeatedly noted that 

the Act applies only to ‘direct communication with members of Congress.’ With that single phrase, the Supreme Court seemingly excluded from the Act indirect communications, such as . . . grassroots lobbying, and general communications and publicity.’’ 11

When the Supreme Court held that the lobbying legislation considered in the Harriss case could be applied only to direct contact 

with federal officials and not to organizations facilitating grassroots 

communications, it reasoned that ‘‘[o]therwise the voice of the people may all too easily be drowned out by the voice of special interest groups...’’ 12 But that is precisely what the Meehan amendmstockstill on PROD1PC66 with HEARING

33 

13 540 U.S. 93, 136 (2003). 14 357 U.S. 449 (1958). 15 514 U.S. 334, 357 (1995). 

ment would have done if enacted, namely drown out the voice of 

the people with the voices of special interest groups. 

What many describe falsely and pejoratively as ‘‘grassroots lobbying’’ is simply the encouragement of the general public to contact 

lawmakers about issues of general concern. It is the facilitation of 

grassroots communications between citizens and Members of Congress. Consequently, what the amendment seeks to regulate and 

deter are activities that actually strengthen robust communications 

between average citizens and Members of Congress, through such 

things as phone calls and constituent letters. That sort of healthy 

citizen-to-Member communication actually weakens the relative 

strength of direct interactions between paid lobbyists and Members 

of Congress, which is precisely what should be the goal of any ‘‘lobbying reform’’ legislation. The Meehan amendment, if adopted, 

would have gutted the underlying lobbying reform bill by including 

in it provisions that will actually increase the influence of special 

interests lobbyists who meet personally with Members of Congress 

and weaken the influence of average citizens at home. 

Even worse, the amendment’s grassroots communications regulations exempt corporations, labor unions, and large, wealthy membership organizations, when they communicate with shareholders, 

officers, employees, or members. So at the same time the Meehan 

amendment would weaken the influence of average citizens and increases the influence of registered lobbyists, it would further weaken the influence of average citizens by proportionately increasing 

the influence of large corporations, labor unions, and large membership organizations. 

The Supreme Court has generally allowed limits on financial contributions to political candidates if Congress does so to limit ‘‘corruption.’’ In McConnell v. FEC,13 the Court stated, ‘‘Our treatment 

of contribution restrictions . . . reflects the importance of the interests that underlie contribution limits—interests in preventing both 

the actual corruption threatened by large financial contributions 

and the eroding of public confidence in the electoral process 

through the appearance of corruption.’’ The Supreme Court has already held that the First Amendment 

protects anonymous political activity. Indeed, the NAACP led the 

charge in the Supreme Court during the civil rights era, a charge 

that resulted in the decision of NAACP v. Alabama.14 That decision 

held that the First Amendment freedom of association bars compelled disclosure of membership lists. For obvious reasons, the 

NAACP did not want Alabama to be able to use this information 

against them to suppress the civil rights movement. As Justice Stevens stated for the Supreme Court in McIntyre v. Ohio Elections 

Commission, ‘‘Anonymity is a shield from the tyranny of the majority [that] exemplifies the purpose behind the Bill of Rights and of 

the First Amendment in particular: to protect unpopular individuals from retaliation—and their ideas from suppression.’’ 15

These are not abstract principles. The Federalist Papers are the 

seminal essays written by James Madison and Alexander Hamilton 

defending the ratification of the Constitution we live under today. 

The Federalist Papers were written anonymously precisely because 

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34 

Madison and Hamilton wanted to make readers focus on their arguments, not on their personalities. Madison and Hamilton, and 

many of our other Founding Fathers, routinely wrote under anonymous pen names precisely because they wanted people to focus on 

what they were saying, not on the source of what they were saying, 

and in that way to encourage many other private citizens to petition their government. 

LAMAR SMITH. 

HOWARD COBLE. 

CHRIS CANNON. 

Æ 

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