109TH CONGRESS

2D SESSION S. 2349

AN ACT

To provide greater transparency in the legislative process.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Table of contents.

TITLE I—LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY

ACT OF 2006

Sec. 101. Short title.

Sec. 102. Out of scope matters in conference reports.

Sec. 103. Earmarks.

Sec. 104. Availability of conference reports on the Internet.

Sec. 105. Elimination of floor privileges for former members, Senate officers,

and Speakers of the House who are lobbyists or seek financial

gain.

Sec. 106. Ban on gifts from lobbyists.

Sec. 107. Travel restrictions and disclosure.

Sec. 108. Post employment restrictions.

Sec. 109. Public disclosure by Members of Congress of employment negotiations.

Sec. 110. Prohibit official contact with spouse or immediate family member of

Member who is a registered lobbyist.

Sec. 111. Influencing hiring decisions.

Sec. 112. Sense of the Senate that any applicable restrictions on Congressional

branch employees should apply to the Executive and Judicial

branches.

Sec. 113. Amounts of COLA adjustments not paid to certain Members of Congress.

Sec. 114. Requirement of notice of intent to proceed.

Sec. 115. Effective date.

TITLE II—LOBBYING TRANSPARENCY AND ACCOUNTABILITY ACT

OF 2006

Sec. 201. Short title.

Subtitle A—Enhancing Lobbying Disclosure

Sec. 211. Quarterly filing of lobbying disclosure reports.

Sec. 212. Annual report on contributions.

Sec. 213. Public database of lobbying disclosure information.

Sec. 214. Disclosure by registered lobbyists of all past executive and congressional employment.

Sec. 215. Disclosure of lobbyist travel and payments.

Sec. 216. Increased penalty for failure to comply with lobbying disclosure requirements.

Sec. 217. Disclosure of lobbying activities by certain coalitions and associations.

Sec. 218. Disclosure of enforcement for noncompliance.

Sec. 219. Electronic filing of lobbying disclosure reports.

Sec. 220. Disclosure of paid efforts to stimulate grassroots lobbying.

Sec. 221. Electronic filing and public database for lobbyists for foreign governments.

Sec. 222. Effective date.

Subtitle B—Oversight of Ethics and Lobbying
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Sec. 231. Comptroller General audit and annual report.

Sec. 232. Mandatory Senate ethics training for Members and staff.

Sec. 233. Sense of the Senate regarding self-regulation within the lobbying

community.

Sec. 234. Annual ethics committees reports.

Subtitle C—Slowing the Revolving Door

Sec. 241. Amendments to restrictions on former officers, employees, and elected

officials of the executive and legislative branches.

Subtitle D—Ban on Provision of Gifts or Travel by Lobbyists in Violation of

the Rules of Congress

Sec. 251. Prohibition on provision of gifts or travel by registered lobbyists to

Members of Congress and to congressional employees.

Subtitle E—Commission to Strengthen Confidence in Congress Act of 2006

Sec. 261. Short title.

Sec. 262. Establishment of Commission.

Sec. 263. Purposes.

Sec. 264. Composition of Commission.

Sec. 265. Functions of Commission.

Sec. 266. Powers of Commission.

Sec. 267. Administration.

Sec. 268. Security clearances for Commission Members and staff.

Sec. 269. Commission reports; termination.

Sec. 270. Funding.

1 TITLE I—LEGISLATIVE TRANS2 PARENCY AND ACCOUNT3 ABILITY ACT OF 2006

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Legislative Trans6 parency and Accountability Act of 2006’’.

7 SEC. 102. OUT OF SCOPE MATTERS IN CONFERENCE RE8 PORTS.

9 (a) IN GENERAL.—A point of order may be made by

10 any Senator against consideration of a conference report

11 that includes any matter not committed to the conferees

12 by either House. The point of order shall be made and
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1 voted on separately for each item in violation of this sec2 tion.

3 (b) DISPOSITION.—If the point of order against a

4 conference report under subsection (a) is sustained,

5 then—

6 (1) the matter in such conference report shall

7 be deemed to have been struck;

8 (2) when all other points of order under this

9 section have been disposed of—

10 (A) the Senate shall proceed to consider

11 the question of whether the Senate should re12 cede from its amendment to the House bill, or

13 its disagreement to the amendment of the

14 House, and concur with a further amendment,

15 which further amendment shall consist of only

16 that portion of the conference report not

17 deemed to have been struck;

18 (B) the question shall be debatable; and

19 (C) no further amendment shall be in

20 order; and

21 (3) if the Senate agrees to the amendment,

22 then the bill and the Senate amendment thereto

23 shall be returned to the House for its concurrence

24 in the amendment of the Senate.
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1 (c) SUPERMAJORITY WAIVER AND APPEAL.—This

2 section may be waived or suspended in the Senate only

by an affirmative vote of 3 3 ⁄5 of the Members, duly chosen

and sworn. An affirmative vote of 3 4 ⁄5 of the Members of

5 the Senate, duly chosen and sworn, shall be required in

6 the Senate to sustain an appeal of the ruling of the Chair

7 on a point of order raised under this section.

8 SEC. 103. EARMARKS.

9 The Standing Rules of the Senate are amended by

10 adding at the end the following:

11 ‘‘RULE XLIV

12 ‘‘EARMARKS

13 ‘‘1. In this rule—

14 ‘‘(1) the term ‘earmark’ means a provision that

15 specifies the identity of a non-Federal entity to re16 ceive assistance and the amount of the assistance;

17 and

18 ‘‘(2) the term ‘assistance’ means budget author19 ity, contract authority, loan authority, and other ex20 penditures, and tax expenditures or other revenue

21 items.

22 ‘‘2. It shall not be in order to consider any Senate

23 bill or Senate amendment or conference report on any bill,

24 including an appropriations bill, a revenue bill, and an au25 thorizing bill, unless a list of—

26 ‘‘(1) all earmarks in such measure;
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1 ‘‘(2) an identification of the Member or Mem2 bers who proposed the earmark; and

3 ‘‘(3) an explanation of the essential govern4 mental purpose for the earmark;

5 is available along with any joint statement of managers

6 associated with the measure to all Members and made

7 available on the Internet to the general public for at least

8 48 hours before its consideration.’’.

9 SEC. 104. AVAILABILITY OF CONFERENCE REPORTS ON

10 THE INTERNET.

11 (a) IN GENERAL.—

12 (1) AMENDMENT.—Rule XXVIII of all the

13 Standing Rules of the Senate is amended by adding

14 at the end the following:

15 ‘‘7. It shall not be in order to consider a conference

16 report unless such report is available to all Members and

17 made available to the general public by means of the Inter18 net for at least 48 hours before its consideration.’’.

19 (2) EFFECTIVE DATE.—This subsection shall

20 take effect 60 days after the date of enactment of

21 this title.

22 (b) IMPLEMENTATION.—Not later than 60 days after

23 the date of enactment of this title, the Secretary of the

24 Senate, in consultation with the Clerk of the House of

25 Representatives, the Government Printing Office, and the
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1 Committee on Rules and Administration, shall develop a

2 website capable of complying with the requirements of

3 paragraph 7 of rule XXVIII of the Standing Rules of the

4 Senate, as added by subsection (a).

5 SEC. 105. ELIMINATION OF FLOOR PRIVILEGES FOR

6 FORMER MEMBERS, SENATE OFFICERS, AND

7 SPEAKERS OF THE HOUSE WHO ARE LOBBY8 ISTS OR SEEK FINANCIAL GAIN.

9 Rule XXIII of the Standing Rules of the Senate is

10 amended by—

11 (1) inserting ‘‘1.’’ before ‘‘Other’’;

12 (2) inserting after ‘‘Ex-Senators and Senators

13 elect’’ the following: ‘‘, except as provided in para14 graph 2’’;

15 (3) inserting after ‘‘Ex-Secretaries and ex-Ser16 geants at Arms of the Senate’’ the following: ‘‘, ex17 cept as provided in paragraph 2’’;

18 (4) inserting after ‘‘Ex-Speakers of the House

19 of Representatives’’ the following: ‘‘, except as pro20 vided in paragraph 2’’; and

21 (5) adding at the end the following:

22 ‘‘2. (a) The floor privilege provided in paragraph 1

23 shall not apply to an individual covered by this paragraph

24 who is—
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1 ‘‘(1) a registered lobbyist or agent of a foreign

2 principal; or

3 ‘‘(2) is in the employ of or represents any party

4 or organization for the purpose of influencing, di5 rectly, or indirectly, the passage, defeat, or amend6 ment of any legislative proposal.

7 ‘‘(b) The Committee on Rules and Administration

8 may promulgate regulations to allow individuals covered

9 by this paragraph floor privileges for ceremonial functions

10 and events designated by the Majority Leader and the Mi11 nority Leader.’’.

12 SEC. 106. BAN ON GIFTS FROM LOBBYISTS.

13 Paragraph 1(a)(2) of rule XXXV of the Standing

14 Rules of the Senate is amended by—

15 (1) inserting ‘‘(A)’’ after ‘‘(2)’’; and

16 (2) adding at the end the following:

17 ‘‘(B) This clause shall not apply to a gift from

18 a registered lobbyist or an agent of a foreign prin19 cipal.’’.

20 SEC. 107. TRAVEL RESTRICTIONS AND DISCLOSURE.

21 (a) IN GENERAL.—Paragraph 2 of rule XXXV of the

22 Standing Rules of the Senate is amended by adding at

23 the end the following:

24 ‘‘(f)(1) Before a Member, officer, or employee may

25 accept transportation or lodging otherwise permissible
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1 under this paragraph from any person, other than a gov2 ernmental entity, such Member, officer, or employee

3 shall—

4 ‘‘(A) obtain a written certification from such

5 person (and provide a copy of such certification to

6 the Select Committee on Ethics) that—

7 ‘‘(i) the trip was not financed in whole, or

8 in part, by a registered lobbyist or foreign

9 agent;

10 ‘‘(ii) the person did not accept, directly or

11 indirectly, funds from a registered lobbyist or

12 foreign agent specifically earmarked for the

13 purpose of financing the travel expenses;

14 ‘‘(iii) the trip was not planned, orga15 nized, or arranged by or at the request of

16 a registered lobbyist or foreign agent; and

17 ‘‘(iv) registered lobbyists will not par18 ticipate in or attend the trip;

19 ‘‘(B) provide the Select Committee on Ethics

20 (in the case of an employee, from the supervising

21 Member or officer), in writing—

22 ‘‘(i) a detailed itinerary of the trip; and

23 ‘‘(ii) a determination that the trip—
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1 ‘‘(I) is primarily educational (either

2 for the invited person or for the organiza3 tion sponsoring the trip);

4 ‘‘(II) is consistent with the official du5 ties of the Member, officer, or employee;

6 ‘‘(III) does not create an appearance

7 of use of public office for private gain; and

8 ‘‘(iii) has a minimal or no recreational

9 component; and

10 ‘‘(C) obtain written approval of the trip from

11 the Select Committee on Ethics.

12 ‘‘(2) Not later than 30 days after completion of trav13 el, approved under this subparagraph, the Member, offi14 cer, or employee shall file with the Select Committee on

15 Ethics and the Secretary of the Senate a description of

16 meetings and events attended during such travel and the

17 names of any registered lobbyist who accompanied the

18 Member, officer, or employee during the travel, except

19 when disclosure of such information is deemed by the

20 Member or supervisor under whose direct supervision the

21 employee is employed to jeopardize the safety of an indi22 vidual or adversely affect national security. Such informa23 tion shall also be posted on the Member’s official website

24 not later than 30 days after the completion of the travel,

25 except when disclosure of such information is deemed by
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1 the Member to jeopardize the safety of an individual or

2 adversely affect national security.’’.

3 (b) DISCLOSURE OF NONCOMMERCIAL AIR TRAV4 EL.—

5 (1) RULES.—Paragraph 2 of rule XXXV of the

6 Standing Rules of the Senate, as amended by sub7 section (a), is amended by adding at the end the fol8 lowing:

9 ‘‘(g) A Member, officer, or employee of the Senate

10 shall—

11 ‘‘(1) disclose a flight on an aircraft that is not

12 licensed by the Federal Aviation Administration to

13 operate for compensation or hire, excluding a flight

14 on an aircraft owned, operated, or leased by a gov15 ernmental entity, taken in connection with the duties

16 of the Member, officer, or employee as an office17 holder or Senate officer or employee; and

18 ‘‘(2) with respect to the flight, file a report with

19 the Secretary of the Senate, including the date, des20 tination, and owner or lessee of the aircraft, the pur21 pose of the trip, and the persons on the trip, except

22 for any person flying the aircraft.’’.

23 (2) FECA.—Section 304(b) of the Federal

24 Election Campaign Act of 1971 (2 U.S.C. 434(b)) is

25 amended—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (7);

3 (B) by striking the period at the end of

4 paragraph (8) and inserting ‘‘; and’’; and

5 (C) by adding at the end the following:

6 ‘‘(9) in the case of a principal campaign com7 mittee of a candidate (other than a candidate for

8 election to the office of President or Vice President),

9 any flight taken by the candidate (other than a

10 flight designated to transport the President, Vice

11 President, or a candidate for election to the office of

12 President or Vice President) during the reporting

13 period on an aircraft that is not licensed by the Fed14 eral Aviation Administration to operate for com15 pensation or hire, together with the following infor16 mation:

17 ‘‘(A) The date of the flight.

18 ‘‘(B) The destination of the flight.

19 ‘‘(C) The owner or lessee of the aircraft.

20 ‘‘(D) The purpose of the flight.

21 ‘‘(E) The persons on the flight, except for

22 any person flying the aircraft.’’.

23 (c) PUBLIC AVAILABILITY.—Paragraph 2(e) of rule

24 XXXV of the Standing Rules of the Senate is amended

25 to read as follows:
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1 ‘‘(e) The Secretary of the Senate shall make available

2 to the public all disclosures filed pursuant to subpara3 graphs (f) and (g) as soon as possible after they are re4 ceived and such matters shall be posted on the Member’s

5 official website but no later than 30 days after the trip

6 or flight.’’.

7 SEC. 108. POST EMPLOYMENT RESTRICTIONS.

8 (a) IN GENERAL.—Paragraph 9 of rule XXXVII of

9 the Standing Rules of the Senate is amended by—

10 (1) designating the first sentence as subpara11 graph (a);

12 (2) designating the second sentence as subpara13 graph (b); and

14 (3) adding at the end the following:

15 ‘‘(c) If an employee on the staff of a Member or on

16 the staff of a committee whose rate of pay is equal to or

17 greater than 75 percent of the rate of pay of a Member

18 and employed at such rate for more than 60 days in a

19 calendar year, upon leaving that position, becomes a reg20 istered lobbyist under the Lobbying Disclosure Act of

21 1995, or is employed or retained by such a registered lob22 byist for the purpose of influencing legislation, such em23 ployee may not lobby any Member, officer, or employee

24 of the Senate for a period of 1 year after leaving that

25 position.’’.
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1 (b) EFFECTIVE DATE.—This section shall take effect

2 60 days after the date of enactment of this title.

3 SEC. 109. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS

4 OF EMPLOYMENT NEGOTIATIONS.

5 Rule XXXVII of the Standing Rules of the Senate

6 is amended by adding at the end the following:

7 ‘‘14. A Member shall not directly negotiate or have

8 any arrangement concerning prospective private employ9 ment until after the election for his or her successor has

10 been held, unless such Member files a statement with the

11 Secretary of the Senate, for public disclosure, regarding

12 such negotiations or arrangements within 3 business days

13 after the commencement of such negotiation or arrange14 ment, including the name of the private entity or entities

15 involved in such negotiations or arrangements, the date

16 such negotiations or arrangements commenced, and must

17 be signed by the Member.’’.

18 SEC. 110. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR

19 IMMEDIATE FAMILY MEMBER OF MEMBER

20 WHO IS A REGISTERED LOBBYIST.

21 Rule XXXVII of the Standing Rules of the Senate

22 is amended by—

23 (1) redesignating paragraphs 10 through 12 as

24 paragraphs 11 through 13, respectively; and

25 (2) inserting after paragraph 9, the following:
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1 ‘‘10. (a) If a Member’s spouse or immediate family

2 member is a registered lobbyist under the Lobbying Dis3 closure Act of 1995, or is employed or retained by such

4 a registered lobbyist for the purpose of influencing legisla5 tion, the Member shall prohibit all staff employed by that

6 Member (including staff in personal, committee and lead7 ership offices) from having any official contact with the

8 Member’s spouse or immediate family member.

9 ‘‘(b) In this paragraph, the term ‘immediate family

10 member’ means the son, daughter, stepson, stepdaughter,

11 son-in-law, daughter-in-law, mother, father, stepmother,

12 stepfather, mother-in-law, father-in-law, brother, sister,

13 stepbrother, or stepsister of the Member.’’.

14 SEC. 111. INFLUENCING HIRING DECISIONS.

15 Rule XLIII of the Standing Rules of the Senate is

16 amended by adding at the end the following:

17 ‘‘6. No Member shall, with the intent to influence on

18 the basis of partisan political affiliation an employment

19 decision or employment practice of any private entity—

20 ‘‘(1) take or withhold, or offer or threaten to

21 take or withhold, an official act; or

22 ‘‘(2) influence, or offer or threaten to influence

23 the official act of another.’’.
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1 SEC. 112. SENSE OF THE SENATE THAT ANY APPLICABLE

2 RESTRICTIONS ON CONGRESSIONAL BRANCH

3 EMPLOYEES SHOULD APPLY TO THE EXECU4 TIVE AND JUDICIAL BRANCHES.

5 It is the sense of the Senate that any applicable re6 strictions on Congressional branch employees in this title

7 should apply to the Executive and Judicial branches.

8 SEC. 113. AMOUNTS OF COLA ADJUSTMENTS NOT PAID TO

9 CERTAIN MEMBERS OF CONGRESS.

10 (a) IN GENERAL.—Any adjustment under section

11 601(a) of the Legislative Reorganization Act of 1946 (2

12 U.S.C. 31) (relating to the cost of living adjustments for

13 Members of Congress) shall not be paid to any Member

14 of Congress who voted for any amendment (or against the

15 tabling of any amendment) that provided that such adjust16 ment would not be made.

17 (b) DEPOSIT IN TREASURY.—Any amount not paid

18 to a Member of Congress under subsection (a) shall be

19 transmitted to the Treasury for deposit in the appropria20 tions account under the subheading ‘‘MEDICAL SERVICES’’

21 under the heading ‘‘VETERANS HEALTH ADMINISTRA22 TION’’.

23 (c) ADMINISTRATION.—The salary of any Member of

24 Congress to whom subsection (a) applies shall be deemed

25 to be the salary in effect after the application of that sub26 section, except that for purposes of determining any ben-
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1 efit (including any retirement or insurance benefit), the

2 salary of that Member of Congress shall be deemed to be

3 the salary that Member of Congress would have received,

4 but for that subsection.

5 (d) EFFECTIVE DATE.—This section shall take effect

6 on the first day of the first applicable pay period beginning

7 on or after February 1, 2007.

8 SEC. 114. REQUIREMENT OF NOTICE OF INTENT TO PRO9 CEED.

10 (a) IN GENERAL.—The majority and minority leaders

11 of the Senate or their designees shall recognize a notice

12 of intent of a Senator who is a member of their caucus

13 to object to proceeding to a measure or matter only if the

14 Senator—

15 (1) submits the notice of intent in writing to

16 the appropriate leader or their designee; and

17 (2) within 3 session days after the submission

18 under paragraph (1), submits for inclusion in the

19 Congressional Record and in the applicable calendar

20 section described in subsection (b) the following no21 tice:

22 ‘‘I, Senator ll, intend to object to proceeding to

23 ll, dated ll.’’.

24 (b) CALENDAR.—The Secretary of the Senate shall

25 establish for both the Senate Calendar of Business and
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1 the Senate Executive Calendar a separate section entitled

2 ‘‘Notices of Intent to Object to Proceeding’’. Each section

3 shall include the name of each Senator filing a notice

4 under subsection (a)(2), the measure or matter covered

5 by the calendar that the Senator objects to, and the date

6 the objection was filed.

7 (c) REMOVAL.—A Senator may have an item with re8 spect to the Senator removed from a calendar to which

9 it was added under subsection (b) by submitting for inclu10 sion in the Congressional Record the following notice:

11 ‘‘I, Senator ll, do not object to proceeding to

12 ll, dated ll.’’.

13 SEC. 115. EFFECTIVE DATE.

14 Except as otherwise provided in this title, this title

15 shall take effect on the date of enactment of this title.

16 TITLE II—LOBBYING TRANS17 PARENCY AND ACCOUNT18 ABILITY ACT OF 2006

19 SEC. 201. SHORT TITLE.

20 This title may be cited as the ‘‘Legislative Trans21 parency and Accountability Act of 2006’’.
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1 Subtitle A—Enhancing Lobbying

2 Disclosure

3 SEC. 211. QUARTERLY FILING OF LOBBYING DISCLOSURE

4 REPORTS.

5 (a) QUARTERLY FILING REQUIRED.—Section 5 of

6 the Lobbying Disclosure Act of 1995 (in this title referred

7 to as the ‘‘Act’’) (2 U.S.C. 1604) is amended—

8 (1) in subsection (a)—

9 (A) in the subsection heading, by striking

10 ‘‘Semiannual’’ and inserting ‘‘Quarterly’’;

11 (B) by striking ‘‘the semiannual period’’

12 and all that follows through ‘‘July of each

13 year’’ and inserting ‘‘the quarterly period begin14 ning on the 20th day of January, April, July,

15 and October of each year or on the first busi16 ness day after the 20th day if that day is not

17 a business day’’; and

18 (C) by striking ‘‘such semiannual period’’

19 and inserting ‘‘such quarterly period’’; and

20 (2) in subsection (b)—

21 (A) in the matter preceding paragraph (1),

22 by striking ‘‘semiannual report’’ and inserting

23 ‘‘quarterly report’’;
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1 (B) in paragraph (2), by striking ‘‘semi2 annual filing period’’ and inserting ‘‘quarterly

3 period’’;

4 (C) in paragraph (3), by striking ‘‘semi5 annual period’’ and inserting ‘‘quarterly pe6 riod’’; and

7 (D) in paragraph (4), by striking ‘‘semi8 annual filing period’’ and inserting ‘‘quarterly

9 period’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) DEFINITION.—Section 3(10) of the Act (2

12 U.S.C. 1602) is amended by striking ‘‘six month pe13 riod’’ and inserting ‘‘three-month period’’.

14 (2) REGISTRATION.—Section 4 of the Act (2

15 U.S.C. 1603) is amended—

16 (A) in subsection (a)(3)(A), by striking

17 ‘‘semiannual period’’ and inserting ‘‘quarterly

18 period’’; and

19 (B) in subsection (b)(3)(A), by striking

20 ‘‘semiannual period’’ and inserting ‘‘quarterly

21 period’’.

22 (3) ENFORCEMENT.—Section 6(a)(6) of the Act

23 (2 U.S.C. 1605(6)) is amended by striking ‘‘semi24 annual period’’ and inserting ‘‘quarterly period’’.
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1 (4) ESTIMATES.—Section 15 of the Act (2

2 U.S.C. 1610) is amended—

3 (A) in subsection (a)(1), by striking ‘‘semi4 annual period’’ and inserting ‘‘quarterly pe5 riod’’; and

6 (B) in subsection (b)(1), by striking ‘‘semi7 annual period’’ and inserting ‘‘quarterly pe8 riod’’.

9 (5) DOLLAR AMOUNTS.—

10 (A) REGISTRATION.—Section 4 of the Act

11 (2 U.S.C. 1603) is amended—

12 (i) in subsection (a)(3)(A)(i), by strik13 ing ‘‘$5,000’’ and inserting ‘‘$2,500’’;

14 (ii) in subsection (a)(3)(A)(ii), by

15 striking ‘‘$20,000’’ and inserting

16 ‘‘$10,000’’;

17 (iii) in subsection (b)(3)(A), by strik18 ing ‘‘$10,000’’ and inserting ‘‘$5,000’’;

19 and

20 (iv) in subsection (b)(4), by striking

21 ‘‘$10,000’’ and inserting ‘‘$5,000’’.

22 (B) REPORTS.—Section 5 of the Act (2

23 U.S.C. 1604) is amended—
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1 (i) in subsection (c)(1), by striking

2 ‘‘$10,000’’ and ‘‘$20,000’’ and inserting

3 ‘‘$5,000’’ and ‘‘$10,000’’, respectively; and

4 (ii) in subsection (c)(2), by striking

5 ‘‘$10,000’’ both places such term appears

6 and inserting ‘‘$5,000’’.

7 SEC. 212. ANNUAL REPORT ON CONTRIBUTIONS.

8 Section 5 of the Act (2 U.S.C. 1604) is amended by

9 adding at the end the following:

10 ‘‘(d) ANNUAL REPORT ON CONTRIBUTIONS.—Not

11 later than 45 days after the end of the quarterly period

12 beginning on the first day of October of each year referred

13 to in subsection (a), a lobbyist registered under section

14 4(a)(1), or an employee who is a lobbyist of an organiza15 tion registered under section 4(a)(2), shall file a report

16 with the Secretary of the Senate and the Clerk of the

17 House of Representatives containing—

18 ‘‘(1) the name of the lobbyist;

19 ‘‘(2) the employer of the lobbyist;

20 ‘‘(3) the name of each Federal candidate or of21 ficeholder, leadership PAC, or political party com22 mittee, to whom a contribution equal to or exceeding

23 $200 was made within the past year, and the date

24 and amount of such contribution; and
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1 ‘‘(4) the name of each Federal candidate or of2 ficeholder, leadership PAC, or political party com3 mittee for whom a fundraising event was hosted, co4 hosted, or otherwise sponsored, within the past year,

5 and the date and location of the event.’’.

6 SEC. 213. PUBLIC DATABASE OF LOBBYING DISCLOSURE IN7 FORMATION.

8 (a) DATABASE REQUIRED.—Section 6 of the Act (2

9 U.S.C. 1605) is amended—

10 (1) in paragraph (7), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (8), by striking the period and

13 inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(9) maintain, and make available to the public

16 over the Internet, without a fee or other access

17 charge, in a searchable, sortable, and downloadable

18 manner, an electronic database that—

19 ‘‘(A) includes the information contained in

20 registrations and reports filed under this Act;

21 ‘‘(B) directly links the information it con22 tains to the information disclosed in reports

23 filed with the Federal Election Commission

24 under section 304 of the Federal Election Cam25 paign Act of 1971 (2 U.S.C. 434); and
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1 ‘‘(C) is searchable and sortable, at a min2 imum, by each of the categories of information

3 described in section 4(b) or 5(b).’’.

4 (b) AVAILABILITY OF REPORTS.—Section 6(a)(4) of

5 the Act is amended by inserting before the semicolon the

6 following: ‘‘and, in the case of a report filed in electronic

7 form under section 5(e), shall make such report available

8 for public inspection over the Internet not more than 48

9 hours after the report is filed’’.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated such sums as may be

12 necessary to carry out paragraph (9) of section 6(a) of

13 the Act, as added by subsection (a).

14 SEC. 214. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL

15 PAST EXECUTIVE AND CONGRESSIONAL EM16 PLOYMENT.

17 Section 4(b)(6) of the Act (2 U.S.C. 1603) is amend18 ed by striking ‘‘or a covered legislative branch official’’

19 and all that follows through ‘‘as a lobbyist on behalf of

20 the client,’’ and inserting ‘‘or a covered legislative branch

21 official,’’.

22 SEC. 215. DISCLOSURE OF LOBBYIST TRAVEL AND PAY23 MENTS.

24 Section 5(b) of the Act (2 U.S.C. 1604(b)) is

25 amended—
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1 (1) in paragraph (3), by striking ‘‘and’’ after

2 the semicolon;

3 (2) in paragraph (4), by striking the period and

4 inserting a semicolon; and

5 (3) by adding at the end the following:

6 ‘‘(5) the name of each covered legislative

7 branch official or covered executive branch official

8 for whom the registrant provided, or directed or ar9 ranged to be provided, or the employee listed as a

10 lobbyist directed or arranged to be provided, any

11 payment or reimbursements for travel and related

12 expenses in connection with the duties of such cov13 ered official, including for each such official—

14 ‘‘(A) an itemization of the payments or re15 imbursements provided to finance the travel

16 and related expenses and to whom the pay17 ments or reimbursements were made, including

18 any payment or reimbursement made with the

19 express or implied understanding or agreement

20 that such funds will be used for travel and re21 lated expenses;

22 ‘‘(B) the purpose and final itinerary of the

23 trip, including a description of all meetings,

24 tours, events, and outings attended;
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1 ‘‘(C) the names of any registrant or indi2 vidual employed by the registrant who traveled

3 on any such trip;

4 ‘‘(D) the identity of the listed sponsor or

5 sponsors of travel; and

6 ‘‘(E) the identity of any person or entity,

7 other than the listed sponsor or sponsors of the

8 travel, which directly or indirectly provided for

9 payment of travel and related expenses at the

10 request or suggestion of the registrant or the

11 employee;

12 ‘‘(6) the date, recipient, and amount of funds

13 contributed or disbursed by, or arranged by, a reg14 istrant or employee listed as a lobbyist—

15 ‘‘(A) to pay the costs of an event to honor

16 or recognize a covered legislative branch official

17 or covered executive branch official;

18 ‘‘(B) to, or on behalf of, an entity that is

19 named for a covered legislative branch official

20 or covered executive branch official, or to a per21 son or entity in recognition of such official;

22 ‘‘(C) to an entity established, financed,

23 maintained, or controlled by a covered legisla24 tive branch official or covered executive branch
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1 official, or an entity designated by such official;

2 or

3 ‘‘(D) to pay the costs of a meeting, retreat,

4 conference or other similar event held by, or for

5 the benefit of, 1 or more covered legislative

6 branch officials or covered executive branch of7 ficials;

8 except that this paragraph shall not apply to any

9 payment or reimbursement made from funds re10 quired to be reported under section 304 of the Fed11 eral Election Campaign Act of 1971 (2 U.S.C. 434);

12 and

13 ‘‘(7) the date, recipient, and amount of any gift

14 (that under the rules of the House of Representa15 tives or Senate counts towards the one hundred dol16 lar cumulative annual limit described in such rules)

17 valued in excess of $20 given by a registrant or em18 ployee listed as a lobbyist to a covered legislative

19 branch official or covered executive branch official;

20 ‘‘(8) for each client, immediately after listing

21 the client, an identification of whether the client is

22 a public entity, including a State or local govern23 ment or a department, agency, special purpose dis24 trict, or other instrumentality controlled by a State

25 or local government, or a private entity.
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1 For purposes of paragraph (7), the term ‘gift’ means a

2 gratuity, favor, discount, entertainment, hospitality, loan,

3 forbearance, or other item having monetary value. The

4 term includes gifts of services, training, transportation,

5 lodging, and meals, whether provided in kind, by purchase

6 of a ticket, payment in advance, or reimbursement after

7 the expense has been incurred. Information required by

8 paragraph (5) shall be disclosed as provided in this Act

9 not later than 30 days after the travel.’’.

10 SEC. 216. INCREASED PENALTY FOR FAILURE TO COMPLY

11 WITH LOBBYING DISCLOSURE REQUIRE12 MENTS.

13 Section 7 of the Act (2 U.S.C. 1606) is amended by

14 striking ‘‘$50,000’’ and inserting ‘‘$100,000’’.

15 SEC. 217. DISCLOSURE OF LOBBYING ACTIVITIES BY CER16 TAIN COALITIONS AND ASSOCIATIONS.

17 (a) IN GENERAL.—Section 4(b)(3)(B) of the Act (2

18 U.S.C. 1603(b)(3)(B)) is amended to read as follows:

19 ‘‘(B) participates in a substantial way in

20 the planning, supervision or control of such lob21 bying activities;’’.

22 (b) NO DONOR OR MEMBERSHIP LIST DISCLO23 SURE.—Section 4(b) of the Act (2 U.S.C. 1603(b)) is

24 amended by adding at the end the following:
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1 ‘‘No disclosure is required under paragraph (3)(B)

2 if it is publicly available knowledge that the organization

3 that would be identified is affiliated with the client or has

4 been publicly disclosed to have provided funding to the cli5 ent, unless the organization in whole or in major part

6 plans, supervises or controls such lobbying activities.

7 Nothing in paragraph (3)(B) shall be construed to require

8 the disclosure of any information about individuals who

9 are members of, or donors to, an entity treated as a client

10 by this Act or an organization identified under that para11 graph.’’.

12 SEC. 218. DISCLOSURE OF ENFORCEMENT FOR NON13 COMPLIANCE.

14 Section 6 of the Act (2 U.S.C. 1605) is amended—

15 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary of

16 the Senate’’;

17 (2) in paragraph (8), by striking ‘‘and’’ at the

18 end;

19 (3) in paragraph (9), by striking the period and

20 inserting ‘‘; and’’;

21 (4) after paragraph (9), by inserting the fol22 lowing:

23 ‘‘(10) provide to the Committee on Homeland

24 Security and Governmental Affairs of the Senate

25 and the Committee on Government Reform of the
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1 House of Representatives the aggregate number of

2 lobbyists and lobbying firms, separately accounted,

3 referred to the United States Attorney for the Dis4 trict of Columbia for noncompliance as required by

5 paragraph (8) on a semi-annual basis’’; and

6 (5) by inserting at the end the following:

7 ‘‘(b) ENFORCEMENT REPORT.—The United States

8 Attorney for the District of Columbia shall report to the

9 Committee on Homeland Security and Governmental Af10 fairs and the Committee on the Judiciary of the Senate

11 and the Committee on Government Reform and the Com12 mittee on the Judiciary of the House of Representatives

13 on a semi-annual basis the aggregate number of enforce14 ment actions taken by the Attorney’s office under this Act

15 and the amount of fines, if any, by case, except that such

16 report shall not include the names of individuals or per17 sonally identifiable information.’’.

18 SEC. 219. ELECTRONIC FILING OF LOBBYING DISCLOSURE

19 REPORTS.

20 Section 5 of the Act (2 U.S.C. 1604) is amended by

21 adding at the end the following:

22 ‘‘(e) ELECTRONIC FILING REQUIRED.—A report re23 quired to be filed under this section shall be filed in elec24 tronic form, in addition to any other form. The Secretary

25 of the Senate and the Clerk of the House of Representa-
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1 tives shall use the same electronic software for receipt and

2 recording of filings under this Act.’’.

3 SEC. 220. DISCLOSURE OF PAID EFFORTS TO STIMULATE

4 GRASSROOTS LOBBYING.

5 (a) DEFINITIONS.—Section 3 of the Act (2 U.S.C.

6 1602) is amended—

7 (1) in paragraph (7), by adding at the end of

8 the following: ‘‘Lobbying activities include paid ef9 forts to stimulate grassroots lobbying, but do not in10 clude grassroots lobbying.’’; and

11 (2) by adding at the end of the following:

12 ‘‘(17) GRASSROOTS LOBBYING.—The term

13 ‘grassroots lobbying’ means the voluntary efforts of

14 members of the general public to communicate their

15 own views on an issue to Federal officials or to en16 courage other members of the general public to do

17 the same.

18 ‘‘(18) PAID EFFORTS TO STIMULATE GRASS19 ROOTS LOBBYING.—

20 ‘‘(A) IN GENERAL.—The term ‘paid efforts

21 to stimulate grassroots lobbying’ means any

22 paid attempt in support of lobbying contacts on

23 behalf of a client to influence the general public

24 or segments thereof to contact one or more cov25 ered legislative or executive branch officials (or
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1 Congress as a whole) to urge such officials (or

2 Congress) to take specific action with respect to

3 a matter described in section 3(8)(A), except

4 that such term does not include any commu5 nications by an entity directed to its members,

6 employees, officers, or shareholders.

7 ‘‘(B) PAID ATTEMPT TO INFLUENCE THE

8 GENERAL PUBLIC OR SEGMENTS THEREOF.—

9 The term ‘paid attempt to influence the general

10 public or segments thereof’ does not include an

11 attempt to influence directed at less than 500

12 members of the general public.

13 ‘‘(C) REGISTRANT.—For purposes of this

14 paragraph, a person or entity is a member of

15 a registrant if the person or entity—

16 ‘‘(i) pays dues or makes a contribu17 tion of more than a nominal amount to the

18 entity;

19 ‘‘(ii) makes a contribution of more

20 than a nominal amount of time to the enti21 ty;

22 ‘‘(iii) is entitled to participate in the

23 governance of the entity;

24 ‘‘(iv) is 1 of a limited number of hon25 orary or life members of the entity; or
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1 ‘‘(v) is an employee, officer, director

2 or member of the entity.

3 ‘‘(19) GRASSROOTS LOBBYING FIRM.—The term

4 ‘grassroots lobbying firm’ means a person or entity

5 that—

6 ‘‘(A) is retained by 1 or more clients to en7 gage in paid efforts to stimulate grassroots lob8 bying on behalf of such clients; and

9 ‘‘(B) receives income of, or spends or

10 agrees to spend, an aggregate of $25,000 or

11 more for such efforts in any quarterly period.’’.

12 (b) REGISTRATION.—Section 4(a) of the Act (2

13 U.S.C. 1603(a)) is amended—

14 (1) in the flush matter at the end of paragraph

15 (3)(A), by adding at the end the following: ‘‘For

16 purposes of clauses (i) and (ii), the term ‘lobbying

17 activities’ shall not include paid efforts to stimulate

18 grassroots lobbying.’’; and

19 (2) by inserting after paragraph (3) the fol20 lowing:

21 ‘‘(4) FILING BY GRASSROOTS LOBBYING

22 FIRMS.—Not later than 45 days after a grassroots

23 lobbying firm first is retained by a client to engage

24 in paid efforts to stimulate grassroots lobbying, such

25 grassroots lobbying firm shall register with the Sec-
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1 retary of the Senate and the Clerk of the House of

2 Representatives.’’.

3 (c) SEPARATE ITEMIZATION OF PAID EFFORTS TO

4 STIMULATE GRASSROOTS LOBBYING.—Section 5(b) of the

5 Act (2 U.S.C. 1604(b)) is amended—

6 (1) in paragraph (3), by—

7 (A) inserting after ‘‘total amount of all in8 come’’ the following: ‘‘(including a separate

9 good faith estimate of the total amount of in10 come relating specifically to paid efforts to

11 stimulate grassroots lobbying and, within that

12 amount, a good faith estimate of the total

13 amount specifically relating to paid adver14 tising)’’; and

15 (B) inserting ‘‘or a grassroots lobbying

16 firm’’ after ‘‘lobbying firm’’;

17 (2) in paragraph (4), by inserting after ‘‘total

18 expenses’’ the following: ‘‘(including a good faith es19 timate of the total amount of expenses relating spe20 cifically to paid efforts to stimulate grassroots lob21 bying and, within that total amount, a good faith es22 timate of the total amount specifically relating to

23 paid advertising)’’; and

24 (3) by adding at the end the following:
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1 ‘‘Subparagraphs (B) and (C) of paragraph (2) shall

2 not apply with respect to reports relating to paid efforts

3 to stimulate grassroots lobbying activities.’’.

4 (d) GOOD FAITH ESTIMATES AND DE MINIMIS

5 RULES FOR PAID EFFORTS TO STIMULATE GRASSROOTS

6 LOBBYING.—

7 (1) IN GENERAL.—Section 5(c) of the Act (2

8 U.S.C. 1604(c)) is amended to read as follows:

9 ‘‘(c) ESTIMATES OF INCOME OR EXPENSES.—For

10 purposes of this section, the following shall apply:

11 ‘‘(1) Estimates of income or expenses shall be

12 made as follows:

13 ‘‘(A) Estimates of amounts in excess of

14 $10,0000 shall be rounded to the nearest

15 $20,000.

16 ‘‘(B) In the event income or expenses do

17 not exceed $10,000, the registrant shall include

18 a statement that income or expenses totaled

19 less than $10,000 for the reporting period.

20 ‘‘(2) Estimates of income or expenses relating

21 specifically to paid efforts to stimulate grassroots

22 lobbying shall be made as follows:

23 ‘‘(A) Estimates of amounts in excess of

24 $25,000 shall be rounded to the nearest

25 $20,000.
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1 ‘‘(B) In the event income or expenses do

2 not exceed $25,000, the registrant shall include

3 a statement that income or expenses totaled

4 less than $25,000 for the reporting period.’’.

5 (2) TAX REPORTING.—Section 15 of the Act (2

6 U.S.C. 1610) is amended—

7 (A) in subsection (a)—

8 (i) in paragraph (1), by striking

9 ‘‘and’’ after the semicolon;

10 (ii) in paragraph (2), by striking the

11 period and inserting ‘‘; and’’; and

12 (iii) by adding at the end the fol13 lowing:

14 ‘‘(3) in lieu of using the definition of paid ef15 forts to stimulate grassroots lobbying in section

16 3(18), consider as paid efforts to stimulate grass17 roots lobbying only those activities that are grass18 roots expenditures as defined in section 4911(c)(3)

19 of the Internal Revenue Code of 1986.’’; and

20 (B) in subsection (b)—

21 (i) in paragraph (1), by striking

22 ‘‘and’’ after the semicolon;

23 (ii) in paragraph (2), by striking the

24 period and inserting ‘‘; and’’; and
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1 (iii) by adding at the end the fol2 lowing:

3 ‘‘(3) in lieu of using the definition of paid ef4 forts to stimulate grassroots lobbying in section

5 3(18), consider as paid efforts to stimulate grass6 roots lobbying only those activities that are grass7 roots expenditures as defined in section 4911(c)(3)

8 of the Internal Revenue Code of 1986.’’.

9 SEC. 221. ELECTRONIC FILING AND PUBLIC DATABASE FOR

10 LOBBYISTS FOR FOREIGN GOVERNMENTS.

11 (a) ELECTRONIC FILING.—Section 2 of the Foreign

12 Agents Registration Act (22 U.S.C. 612) is amended by

13 adding at the end the following new subsection:

14 ‘‘(g) ELECTRONIC FILING OF REGISTRATION STATE15 MENTS AND UPDATES.—A registration statement or up16 date required to be filed under this section shall be filed

17 in electronic form, in addition to any other form that may

18 be required by the Attorney General.’’.

19 (b) PUBLIC DATABASE.—Section 6 of the Foreign

20 Agents Registration Act (22 U.S.C. 616) is amended by

21 adding at the end the following new subsection:

22 ‘‘(d) PUBLIC DATABASE OF REGISTRATION STATE23 MENTS AND UPDATES.—

24 ‘‘(1) IN GENERAL.—The Attorney General shall

25 maintain, and make available to the public over the
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1 Internet, without a fee or other access charge, in a

2 searchable, sortable, and downloadable manner, an

3 electronic database that—

4 ‘‘(A) includes the information contained in

5 registration statements and updates filed under

6 this Act;

7 ‘‘(B) directly links the information it con8 tains to the information disclosed in reports

9 filed with the Federal Election Commission

10 under section 304 of the Federal Election Cam11 paign Act of 1971 (2 U.S.C. 434); and

12 ‘‘(C) is searchable and sortable, at a min13 imum, by each of the categories of information

14 described in section 2(a).

15 ‘‘(2) ACCOUNTABILITY.—Each registration

16 statement and update filed in electronic form pursu17 ant to section 2(g) shall be made available for public

18 inspection over the internet not more than 48 hours

19 after the registration statement or update is filed.’’.

20 SEC. 222. EFFECTIVE DATE.

21 This subtitle and the amendments made by this sub22 title shall take effect January 1, 2007.
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1 Subtitle B—Oversight of Ethics and

2 Lobbying

3 SEC. 231. COMPTROLLER GENERAL AUDIT AND ANNUAL

4 REPORT.

5 (a) AUDIT REQUIRED.—The Comptroller General

6 shall audit on an annual basis lobbying registration and

7 reports filed under the Lobbying Disclosure Act of 1995

8 to determine the extent of compliance or noncompliance

9 with the requirements of that Act by lobbyists and their

10 clients.

11 (b) ANNUAL REPORTS.—Not later than April 1 of

12 each year, the Comptroller General shall submit to Con13 gress a report on the review required by subsection (a).

14 The report shall include the Comptroller General’s assess15 ment of the matters required to be emphasized by that

16 subsection and any recommendations of the Comptroller

17 General to—

18 (1) improve the compliance by lobbyists with

19 the requirements of that Act; and

20 (2) provide the Secretary of the Senate and the

21 Clerk of the House of Representatives with the re22 sources and authorities needed for effective oversight

23 and enforcement of that Act.
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1 SEC. 232. MANDATORY SENATE ETHICS TRAINING FOR

2 MEMBERS AND STAFF.

3 (a) TRAINING PROGRAM.—The Select Committee on

4 Ethics shall conduct ongoing ethics training and aware5 ness programs for Members of the Senate and Senate

6 staff.

7 (b) REQUIREMENTS.—The ethics training program

8 conducted by the Select Committee on Ethics shall be

9 completed by—

10 (1) new Senators or staff not later than 60

11 days after commencing service or employment; and

12 (2) Senators and Senate staff serving or em13 ployed on the date of enactment of this Act not later

14 than 120 days after the date of enactment of this

15 Act.

16 SEC. 233. SENSE OF THE SENATE REGARDING SELF-REGU17 LATION WITHIN THE LOBBYING COMMUNITY.

18 It is the sense of the Senate that the lobbying com19 munity should develop proposals for multiple self-regu20 latory organizations which could provide—

21 (1) for the creation of standards for the organi22 zations appropriate to the type of lobbying and indi23 viduals to be served;

24 (2) training for the lobbying community on law,

25 ethics, reporting requirements, and disclosure re26 quirements;
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1 (3) for the development of educational materials

2 for the public on how to responsibly hire a lobbyist

3 or lobby firm;

4 (4) standards regarding reasonable fees to cli5 ents;

6 (5) for the creation of a third-party certification

7 program that includes ethics training; and

8 (6) for disclosure of requirements to clients re9 garding fee schedules and conflict of interest rules.

10 SEC. 234. ANNUAL ETHICS COMMITTEES REPORTS.

11 The Committee on Standards of Official Conduct of

12 the House of Representatives and the Select Committee

13 on Ethics of the Senate shall each issue an annual report

14 due no later than January 31, describing the following:

15 (1) The number of alleged violations of Senate

16 or House rules including the number received from

17 third parties, from Members or staff within each

18 House, or inquires raised by a Member or staff of

19 the respective House or Senate committee.

20 (2) A list of the number of alleged violations

21 that were dismissed—

22 (A) for lack of subject matter jurisdiction;

23 or

24 (B) because they failed to provide suffi25 cient facts as to any material violation of the
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1 House or Senate rules beyond mere allegation

2 or assertion.

3 (3) The number of complaints in which the

4 committee staff conducted a preliminary inquiry.

5 (4) The number of complaints that staff pre6 sented to the committee with recommendations that

7 the complaint be dismissed.

8 (5) The number of complaints that the staff

9 presented to the committee with recommendation

10 that the investigation proceed.

11 (6) The number of ongoing inquiries.

12 (7) The number of complaints that the com13 mittee dismissed for lack of substantial merit.

14 (8) The number of private letters of admonition

15 or public letters of admonition issued.

16 (9) The number of matters resulting in a dis17 ciplinary sanction.

18 Subtitle C—Slowing the Revolving

19 Door

20 SEC. 241. AMENDMENTS TO RESTRICTIONS ON FORMER OF21 FICERS, EMPLOYEES, AND ELECTED OFFI22 CIALS OF THE EXECUTIVE AND LEGISLATIVE

23 BRANCHES.

24 (a) VERY SENIOR EXECUTIVE PERSONNEL.—The

25 matter after subparagraph (C) in section 207(d)(1) of title
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1 18, United States Code, is amended by striking ‘‘within

2 1 year’’ and inserting ‘‘within 2 years’’.

3 (b) RESTRICTIONS ON LOBBYING BY MEMBERS OF

4 CONGRESS AND EMPLOYEES OF CONGRESS.—Subsection

5 (e) of section 207 of title 18, United States Code, is

6 amended—

7 (1) in paragraph (1)(A), by striking ‘‘within 1

8 year’’ and inserting ‘‘within 2 years’’;

9 (2) by striking paragraphs (2) through (5) and

10 inserting the following:

11 ‘‘(2) CONGRESSIONAL STAFF.—

12 ‘‘(A) PROHIBITION.—Any person who is an

13 employee of a House of Congress and who,

14 within 1 year after that person leaves office,

15 knowingly makes, with the intent to influence,

16 any communication to or appearance before any

17 of the persons described in subparagraph (B),

18 on behalf of any other person (except the

19 United States) in connection with any matter

20 on which such former employee seeks action by

21 a Member, officer, or employee of either House

22 of Congress, in his or her official capacity, shall

23 be punished as provided in section 216 of this

24 title.
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1 ‘‘(B) CONTACT PERSONS COVERED.— per2 sons referred to in subparagraph (A) with re3 spect to appearances or communications are

4 any Member, officer, or employee of the House

5 of Congress in which the person subject to sub6 paragraph (A) was employed. This subpara7 graph shall not apply to contacts with staff of

8 the Secretary of the Senate or the Clerk of the

9 House of Representatives regarding compliance

10 with lobbying disclosure requirements under the

11 Lobbying Disclosure Act of 1995.’’;

12 (3) in paragraph (6)—

13 (A) by striking ‘‘paragraphs (2), (3), and

14 (4)’’ and inserting ‘‘paragraph (2)’’;

15 (B) by striking ‘‘(A)’’;

16 (C) by striking subparagraph (B); and

17 (D) by redesignating the paragraph as

18 paragraph (3); and

19 (4) by redesignating paragraph (7) as para20 graph (4).

21 (c) EFFECTIVE DATE.—The amendments made by

22 subsection (b) shall take effect 60 days after the date of

23 enactment of this Act.
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1 Subtitle D—Ban on Provision of

2 Gifts or Travel by Lobbyists in

3 Violation of the Rules of Con4 gress

5 SEC. 251. PROHIBITION ON PROVISION OF GIFTS OR TRAV6 EL BY REGISTERED LOBBYISTS TO MEMBERS

7 OF CONGRESS AND TO CONGRESSIONAL EM8 PLOYEES.

9 The Lobbying Disclosure Act of 1995 is amended by

10 adding at the end the following:

11 ‘‘SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAV12 EL BY REGISTERED LOBBYISTS TO MEMBERS

13 OF CONGRESS AND TO CONGRESSIONAL EM14 PLOYEES.

15 ‘‘(a) PROHIBITION.—A registered lobbyist may not

16 knowingly make a gift or provide travel to a Member, Del17 egate, Resident Commissioner, officer, or employee of

18 Congress, unless the gift or travel may be accepted under

19 the rules of the House of Representatives or the Senate.

20 ‘‘(b) PENALTY.—Any registered lobbyist who violates

21 this section shall be subject to penalties provided in section

22 7.’’.
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1 Subtitle E—Commission to

2 Strengthen Confidence in Con3 gress Act of 2006

4 SEC. 261. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Commission to

6 Strengthen Confidence in Congress Act of 2006’’.

7 SEC. 262. ESTABLISHMENT OF COMMISSION.

8 There is established in the legislative branch a com9 mission to be known as the ‘‘Commission to Strengthen

10 Confidence in Congress’’ (in this subtitle referred to as

11 the ‘‘Commission’’).

12 SEC. 263. PURPOSES.

13 The purposes of the Commission are to—

14 (1) evaluate and report the effectiveness of cur15 rent congressional ethics requirements, if penalties

16 are enforced and sufficient, and make recommenda17 tions for new penalties;

18 (2) weigh the need for improved ethical conduct

19 with the need for lawmakers to have access to exper20 tise on public policy issues;

21 (3) determine whether the current system for

22 enforcing ethics rules and standards of conduct is

23 sufficiently effective and transparent;

24 (4) determine whether the statutory framework

25 governing lobbying disclosure should be expanded to
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1 include additional means of attempting to influence

2 Members of Congress, senior staff, and high-ranking

3 executive branch officials;

4 (5) analyze and evaluate the changes made by

5 this Act to determine whether additional changes

6 need to be made to uphold and enforce standards of

7 ethical conduct and disclosure requirements; and

8 (6) investigate and report to Congress on its

9 findings, conclusions, and recommendations for re10 form.

11 SEC. 264. COMPOSITION OF COMMISSION.

12 (a) MEMBERS.—The Commission shall be composed

13 of 10 members, of whom—

14 (1) the chair and vice chair shall be selected by

15 agreement of the majority leader and minority lead16 er of the House of Representatives and the majority

17 leader and minority leader of the Senate;

18 (2) 2 members shall be appointed by the senior

19 member of the Senate leadership of the Republican

20 Party, 1 of which is a former member of the Senate;

21 (3) 2 members shall be appointed by the senior

22 member of the Senate leadership of the Democratic

23 Party, 1 of which is a former member of the Senate;

24 (4) 2 members shall be appointed by the senior

25 member of the leadership of the House of Represent-
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1 atives of the Republican Party, 1 of which is a

2 former member of the House of Representatives; and

3 (5) 2 members shall be appointed by the senior

4 member of the leadership of the House of Represent5 atives of the Democratic Party, 1 of which is a

6 former member of the House of Representatives.

7 (b) QUALIFICATIONS; INITIAL MEETING.—

8 (1) POLITICAL PARTY AFFILIATION.—Five

9 members of the Commission shall be Democrats and

10 5 Republicans.

11 (2) NONGOVERNMENTAL APPOINTEES.—An in12 dividual appointed to the Commission may not be an

13 officer or employee of the Federal Government or

14 any State or local government.

15 (3) OTHER QUALIFICATIONS.—It is the sense of

16 Congress that individuals appointed to the Commis17 sion should be prominent United States citizens,

18 with national recognition and significant depth of ex19 perience in professions such as governmental service,

20 government consulting, government contracting, the

21 law, higher education, historian, business, public re22 lations, and fundraising.

23 (4) DEADLINE FOR APPOINTMENT.—All mem24 bers of the Commission shall be appointed on a date

25 3 months after the date of enactment of this Act.
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1 (5) INITIAL MEETING.—The Commission shall

2 meet and begin the operations of the Commission as

3 soon as practicable.

4 (c) QUORUM; VACANCIES.—After its initial meeting,

5 the Commission shall meet upon the call of the chairman

6 or a majority of its members. Six members of the Commis7 sion shall constitute a quorum. Any vacancy in the Com8 mission shall not affect its powers, but shall be filled in

9 the same manner in which the original appointment was

10 made.

11 SEC. 265. FUNCTIONS OF COMMISSION.

12 The functions of the Commission are to submit to

13 Congress a report required by this title containing such

14 findings, conclusions, and recommendations as the Com15 mission shall determine, including proposing organization,

16 coordination, planning, management arrangements, proce17 dures, rules and regulations—

18 (1) related to section 263; or

19 (2) related to any other areas the commission

20 unanimously votes to be relevant to its mandate to

21 recommend reforms to strengthen ethical safeguards

22 in Congress.

23 SEC. 266. POWERS OF COMMISSION.

24 (a) HEARINGS AND EVIDENCE.—The Commission or,

25 on the authority of the Commission, any subcommittee or
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1 member thereof, may, for the purpose of carrying out this

2 title hold such hearings and sit and act at such times and

3 places, take such testimony, receive such evidence, admin4 ister such oaths.

5 (b) OBTAINING INFORMATION.—Upon request of the

6 Commission, the head of any agency or instrumentality

7 of the Federal Government shall furnish information

8 deemed necessary by the panel to enable it to carry out

9 its duties.

10 (c) LIMIT ON COMMISSION AUTHORITY.—The Com11 mission shall not conduct any law enforcement investiga12 tion, function as a court of law, or otherwise usurp the

13 duties and responsibilities of the ethics committee of the

14 House of Representatives or the Senate.

15 SEC. 267. ADMINISTRATION.

16 (a) COMPENSATION.—Except as provided in sub17 section (b), members of the Commission shall receive no

18 additional pay, allowances, or benefits by reason of their

19 service on the Commission.

20 (b) TRAVEL EXPENSES AND PER DIEM.—Each mem21 ber of the Commission shall receive travel expenses and

22 per diem in lieu of subsistence in accordance with sections

23 5702 and 5703 of title 5, United States Code.

24 (c) STAFF AND SUPPORT SERVICES.—

25 (1) STAFF DIRECTOR.—
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1 (A) APPOINTMENT.—The Chair (or Co2 Chairs) in accordance with the rules agreed

3 upon by the Commission shall appoint a staff

4 director for the Commission.

5 (B) COMPENSATION.—The staff director

6 shall be paid at a rate not to exceed the rate

7 established for level V of the Executive Sched8 ule under section 5315 of title 5, United States

9 Code.

10 (2) STAFF.—The Chair (or Co-Chairs) in ac11 cordance with the rules agreed upon by the Commis12 sion shall appoint such additional personnel as the

13 Commission determines to be necessary.

14 (3) APPLICABILITY OF CIVIL SERVICE LAWS.—

15 The staff director and other members of the staff of

16 the Commission shall be appointed without regard to

17 the provisions of title 5, United States Code, gov18 erning appointments in the competitive service, and

19 shall be paid without regard to the provisions of

20 chapter 51 and subchapter III of chapter 53 of such

21 title relating to classification and General Schedule

22 pay rates.

23 (4) EXPERTS AND CONSULTANTS.—With the

24 approval of the Commission, the staff director may
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1 procure temporary and intermittent services under

2 section 3109(b) of title 5, United States Code.

3 (d) PHYSICAL FACILITIES.—The Architect of the

4 Capitol, in consultation with the appropriate entities in the

5 legislative branch, shall locate and provide suitable office

6 space for the operation of the Commission on a non7 reimbursable basis. The facilities shall serve as the head8 quarters of the Commission and shall include all necessary

9 equipment and incidentals required for the proper func10 tioning of the Commission.

11 (e) ADMINISTRATIVE SUPPORT SERVICES AND

12 OTHER ASSISTANCE.—

13 (1) IN GENERAL.—Upon the request of the

14 Commission, the Architect of the Capitol and the

15 Administrator of General Services shall provide to

16 the Commission on a nonreimbursable basis such ad17 ministrative support services as the Commission may

18 request.

19 (2) ADDITIONAL SUPPORT.—In addition to the

20 assistance set forth in paragraph (1), departments

21 and agencies of the United States may provide the

22 Commission such services, funds, facilities, staff,

23 and other support services as the Commission may

24 deem advisable and as may be authorized by law.
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1 (f) USE OF MAILS.—The Commission may use the

2 United States mails in the same manner and under the

3 same conditions as Federal agencies and shall, for pur4 poses of the frank, be considered a commission of Con5 gress as described in section 3215 of title 39, United

6 States Code.

7 (g) PRINTING.—For purposes of costs relating to

8 printing and binding, including the cost of personnel de9 tailed from the Government Printing Office, the Commis10 sion shall be deemed to be a committee of the Congress.

11 SEC. 268. SECURITY CLEARANCES FOR COMMISSION MEM12 BERS AND STAFF.

13 The appropriate Federal agencies or departments

14 shall cooperate with the Commission in expeditiously pro15 viding to the Commission members and staff appropriate

16 security clearances to the extent possible pursuant to ex17 isting procedures and requirements, except that no person

18 shall be provided with access to classified information

19 under this title without the appropriate security clear20 ances.

21 SEC. 269. COMMISSION REPORTS; TERMINATION.

22 (a) ANNUAL REPORTS.—The Commission shall

23 submit—

24 (1) an initial report to Congress not later than

25 July 1, 2006; and
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1 (2) annual reports to Congress after the report

2 required by paragraph (1);

3 containing such findings, conclusions, and recommenda4 tions for corrective measures as have been agreed to by

5 a majority of Commission members.

6 (b) ADMINISTRATIVE ACTIVITIES.—During the 60-

7 day period beginning on the date of submission of each

8 annual report and the final report under this section, the

9 Commission shall—

10 (1) be available to provide testimony to commit11 tees of Congress concerning such reports; and

12 (2) take action to appropriately disseminate

13 such reports.

14 (c) TERMINATION OF COMMISSION.—

15 (1) FINAL REPORT.—Five years after the date

16 of enactment of this Act, the Commission shall sub17 mit to Congress a final report containing informa18 tion described in subsection (a).

19 (2) TERMINATION.—The Commission, and all

20 the authorities of this title, shall terminate 60 days

21 after the date on which the final report is submitted

22 under paragraph (1), and the Commission may use

23 such 60-day period for the purpose of concluding its

24 activities.
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1 SEC. 270. FUNDING.

2 There are authorized such sums as necessary to carry

3 out this title.

Passed the Senate March 29, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 2349

AN ACT

To provide greater transparency in the legislative

process.