II 

109TH CONGRESS 

1ST SESSION S. 1398 

To provide more rigorous requirements with respect to ethics and lobbying. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2005 

Mr. FEINGOLD introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL

To provide more rigorous requirements with respect to ethics 

and lobbying.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Lobbying and Ethics Reform Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—ENHANCING LOBBYING DISCLOSURE 

Sec. 101. Quarterly filing of lobbying disclosure reports. 

Sec. 102. Electronic filing of lobbying disclosure reports. 

Sec. 103. Public database of lobbying disclosure information. 

Sec. 104. Identification of officials with whom lobbying contacts are made. 
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Sec. 105. Disclosure by registered lobbyists of all past executive and congressional employment. 

Sec. 106. Disclosure of grassroots activities by paid lobbyists. 

Sec. 107. Disclosure of lobbying activities by certain coalitions and associations. 

Sec. 108. Increased penalty for failure to comply with lobbying disclosure requirements. 

TITLE II—SLOWING THE REVOLVING DOOR 

Sec. 201. Amendments to restrictions on former officers, employees, and elected 

officials of the executive and legislative branches. 

Sec. 202. Reform of waiver process for acts affecting a personal financial interest. 

Sec. 203. Public disclosure by Members of Congress of employment negotiations. 

Sec. 204. Wrongfully influencing, on a partisan basis, an entity’s employment 

decisions or practices. 

Sec. 205. Amendment to Code of Official Conduct to prohibit favoritism. 

Sec. 206. Elimination of floor privileges and other perks for former Member 

lobbyists. 

TITLE III—CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL 

AND LOBBYIST GIFTS 

Sec. 301. Required certification that congressional travel meets certain conditions. 

Sec. 302. Requirement of full payment and disclosure of charter flights. 

Sec. 303. False certification in connection with congressional travel. 

Sec. 304. Increased disclosure of travel by Members. 

Sec. 305. Guidelines respecting travel expenses. 

Sec. 306. Prohibition on gifts by registered lobbyists to Members of Congress 

and to congressional employees. 

Sec. 307. Prohibition on members accepting gifts from lobbyists. 

TITLE IV—OVERSIGHT OF ETHICS AND LOBBYING 

Sec. 401. Comptroller General review and semiannual report on activities carried out by Clerk of the House and Secretary of the Senate 

under Lobbying Disclosure Act of 1995.

1 TITLE I—ENHANCING LOBBYING 

2 DISCLOSURE 

3 SEC. 101. QUARTERLY FILING OF LOBBYING DISCLOSURE 

4 REPORTS. 

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

6 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is 

7 amended— 

8 (1) in subsection (a)— 
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1 (A) by striking ‘‘Semiannual’’ and insert2 ing ‘‘Quarterly’’; 

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

4 and all that follows through ‘‘July of each 

5 year’’ and insert ‘‘the quarterly period begin6 ning on the first days of January, April, July, 

7 and October of each year’’; and 

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

9 and insert ‘‘such quarterly period’’; and 

10 (2) in subsection (b)— 

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

12 by striking ‘‘semiannual report’’ and inserting 

13 ‘‘quarterly report’’; 

14 (B) in paragraph (2), by striking ‘‘semi15 annual filing period’’ and inserting ‘‘quarterly 

16 period’’; 

17 (C) in paragraph (3), by striking ‘‘semi18 annual period’’ and inserting ‘‘quarterly pe19 riod’’; and 

20 (D) in paragraph (4), by striking ‘‘semi21 annual filing period’’ and inserting ‘‘quarterly 

22 period’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) DEFINITION.—Section 3 of such Act (2 

25 U.S.C. 1602) is amended in paragraph (10) by 
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1 striking ‘‘six month period’’ and inserting ‘‘three2 month period’’. 

3 (2) REGISTRATION.—Section 4 of such Act (2 

4 U.S.C. 1603) is amended— 

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

6 ‘‘semiannual period’’ and inserting ‘‘quarterly 

7 period’’; and 

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

9 ‘‘semiannual period’’ and inserting ‘‘quarterly 

10 period’’. 

11 (3) ENFORCEMENT.—Section 6 of such Act (2 

12 U.S.C. 1605) is amended in paragraph (6) by strik13 ing ‘‘semiannual period’’ and inserting ‘‘quarterly 

14 period’’. 

15 (4) ESTIMATES.—Section 15 of such Act (2 

16 U.S.C. 1610) is amended— 

17 (A) in subsection (a)(1), by striking ‘‘semi18 annual period’’ and inserting ‘‘quarterly pe19 riod’’; and 

20 (B) in subsection (b)(1), by striking ‘‘semi21 annual period’’ and inserting ‘‘quarterly pe22 riod’’. 

23 (5) DOLLAR AMOUNTS.— 

24 (A) Section 4 of such Act (2 U.S.C. 1603) 

25 is further amended— 
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1 (i) in subsection (a)(3)(A)(i), by strik2 ing ‘‘$5,000’’ and inserting ‘‘$2,500’’; 

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

4 striking ‘‘$20,000’’ and inserting 

5 ‘‘$10,000’’; 

6 (iii) in subsection (b)(3)(A), by strik7 ing ‘‘$10,000’’ and inserting ‘‘$5,000’’; 

8 and 

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

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

11 (B) Section 5 of such Act (2 U.S.C. 1604) 

12 is further amended— 

13 (i) in subsection (c)(1), by striking 

14 ‘‘$10,000’’ and ‘‘$20,000’’ and inserting 

15 ‘‘$5,000’’ and ‘‘$10,000’’, respectively; and 

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

17 ‘‘$10,000’’ both places such term appears 

18 and inserting ‘‘$5,000’’. 

19 SEC. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE 

20 REPORTS. 

21 Section 5 of the Lobbying Disclosure Act of 1995 (2 

22 U.S.C. 1604) is further amended by adding at the end 

23 the following new subsection: 

24 ‘‘(d) ELECTRONIC FILING REQUIRED.—A report re25 quired to be filed under this section shall be filed in elec-
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1 tronic form, in addition to any other form that may be 

2 required by the Secretary of the Senate or the Clerk of 

3 the House of Representatives.’’. 

4 SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE IN5 FORMATION. 

6 (a) DATABASE REQUIRED.—Section 6 of the Lob7 bying Disclosure Act of 1995 (2 U.S.C. 1605) is further 

8 amended— 

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

10 end; 

11 (2) in paragraph (8), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

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 of such 

5 Act is further amended in paragraph (4) by inserting be6 fore the semicolon at the end the following: ‘‘and, in the 

7 case of a report filed in electronic form pursuant to section 

8 5(d), shall make such report available for public inspection 

9 over the Internet not more than 48 hours after the report 

10 is so filed’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to carry out paragraph (9) of section 6 of such 

14 Act, as added by subsection (a). 

15 SEC. 104. IDENTIFICATION OF OFFICIALS WITH WHOM LOB16 BYING CONTACTS ARE MADE. 

17 Section 5 of the Lobbying Disclosure Act of 1995 (2 

18 U.S.C. 1604) is further amended in subsection (b)(2)— 

19 (1) by redesignating subparagraphs (B) 

20 through (D) as subparagraphs (C) through (E), re21 spectively; and 

22 (2) by inserting after subparagraph (A) the fol23 lowing new subparagraph: 

24 ‘‘(B) for each specific issue listed pursuant 

25 to subparagraph (A), a list identifying each cov-
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1 ered executive branch official and each Member 

2 of Congress with whom a lobbyist employed by 

3 the registrant engaged in a lobbying contact 

4 through oral communication with respect to 

5 that issue and the date on which each such con6 tact occurred.’’. 

7 SEC. 105. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL 

8 PAST EXECUTIVE AND CONGRESSIONAL EM9 PLOYMENT. 

10 Section 4 of the Lobbying Disclosure Act of 1995 (2 

11 U.S.C. 1603) is further amended in subsection (b)(6) by 

12 striking ‘‘or a covered legislative branch official’’ and all 

13 that follows through ‘‘as a lobbyist on behalf of the client,’’ 

14 and inserting ‘‘or a covered legislative branch official,’’. 

15 SEC. 106. DISCLOSURE OF GRASSROOTS ACTIVITIES BY 

16 PAID LOBBYISTS. 

17 (a) DISCLOSURE OF GRASSROOTS ACTIVITIES.—Sec18 tion 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 

19 1602) is further amended by adding at the end the fol20 lowing new paragraph: 

21 ‘‘(17) GRASSROOTS LOBBYING COMMUNICA22 TION.—The term ‘grassroots lobbying communica23 tion’ means an attempt to influence legislation or ex24 ecutive action through the use of mass communica25 tions directed to the general public and designed to 
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1 encourage recipients to take specific action with re2 spect to legislation or executive action, except that 

3 such term does not include any communications by 

4 an entity directed to its members, employees, offi5 cers, or shareholders. For purposes of this para6 graph, a communication is designed to encourage a 

7 recipient if any of the following applies: 

8 ‘‘(A) The communication states that the 

9 recipient should contact a legislator, or should 

10 contact an officer or employee of an executive 

11 agency. 

12 ‘‘(B) The communication provides the ad13 dress, phone number, and contact information 

14 of a legislator or of an officer or employee of 

15 an executive agency. 

16 ‘‘(C) The communication provides a peti17 tion, tear-off postcard, or similar material for 

18 the recipient to send to a legislator or to an of19 ficer or employee of an executive agency. 

20 ‘‘(D)(i) Subject to clause (ii), the commu21 nication specifically identifies an individual 

22 who— 

23 ‘‘(I) is in a position to consider or 

24 vote on the legislation; 
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1 ‘‘(II) represents the recipient in Con2 gress; or 

3 ‘‘(III) is an officer or employee of the 

4 executive agency to which the legislation or 

5 executive action relates. 

6 ‘‘(ii) A communication described in clause 

7 (i) is a grassroots lobbying communication only 

8 if it is a communication that cannot meet the 

9 ‘full and fair exposition’ test as nonpartisan 

10 analysis, study, or research.’’. 

11 (b) SEPARATE ITEMIZATION OF GRASSROOTS EX12 PENSES.—Section 5 of the Lobbying Disclosure Act of 

13 1995 (2 U.S.C. 1604) is further amended in subsection 

14 (b)— 

15 (1) in paragraph (3), by inserting after ‘‘total 

16 amount of all income’’ the following: ‘‘(including an 

17 itemization of the total amount relating specifically 

18 to grassroots lobbying communications and, within 

19 that amount, an itemization of the total amount spe20 cifically relating to broadcast media grassroots lob21 bying communications)’’; and 

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

23 expenses’’ the following: ‘‘(including an itemization 

24 of the total amount relating specifically to grassroots 

25 lobbying communications and, within that total 
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1 amount, an itemization of the total amount specifi2 cally relating to broadcast media grassroots lobbying 

3 communications)’’. 

4 SEC. 107. DISCLOSURE OF LOBBYING ACTIVITIES BY CER5 TAIN COALITIONS AND ASSOCIATIONS. 

6 (a) IN GENERAL.—Paragraph (2) of section 3 of the 

7 Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is 

8 amended to read as follows: 

9 ‘‘(2) CLIENT.— 

10 ‘‘(A) IN GENERAL.—The term ‘client’ 

11 means any person or entity that employs or re12 tains another person for financial or other com13 pensation to conduct lobbying activities on be14 half of that person or entity. A person or entity 

15 whose employees act as lobbyists on its own be16 half is both a client and an employer of such 

17 employees. 

18 ‘‘(B) TREATMENT OF COALITIONS AND AS19 SOCIATIONS.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), in the case of a coali22 tion or association that employs or retains 

23 persons to conduct lobbying activities, each 

24 person, other than an individual who is a 

25 member of the coalition or association, 
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1 whose total contribution to the coalition or 

2 association in connection with the lobbying 

3 activities exceeds the $10,000 registration 

4 threshold described in section 

5 4(a)(3)(A)(ii) of this Act, is the client 

6 along with the coalition or association. 

7 ‘‘(ii) EXCEPTION FOR CERTAIN TAX8 EXEMPT ASSOCIATIONS.—In case of an as9 sociation— 

10 ‘‘(I) which is described in para11 graph (3) of section 501(c) of the In12 ternal Revenue Code of 1986 and ex13 empt from tax under section 501(a) of 

14 such Code, or 

15 ‘‘(II) which is described in any 

16 other paragraph of section 501(c) of 

17 the Internal Revenue Code of 1986 

18 and exempt from tax under section 

19 501(a) of such Code and which has 

20 substantial exempt activities other 

21 than lobbying, 

22 the association (and not its members) shall 

23 be treated as the client. 

24 ‘‘(iii) LOOK-THRU RULES.—A coali25 tion or association and its members, which 
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1 would otherwise be treated as a client, 

2 shall not avoid the registration and report3 ing requirements of this Act by employing 

4 or retaining another coalition or associa5 tion to conduct lobbying activities.’’. 

6 (b) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—The amendments made by 

8 this section shall apply to— 

9 (A) coalitions and associations listed on 

10 registration statements filed under section 4 of 

11 the Lobbying Disclosure Act of 1995 (2 U.S.C. 

12 1603) after the date of the enactment of this 

13 Act, and 

14 (B) coalitions and associations for whom 

15 any lobbying contact is made after the date of 

16 the enactment of this Act. 

17 (2) SPECIAL RULE.—In the case of any coali18 tion or association to which the amendments made 

19 by this Act apply by reason of paragraph (1)(B), the 

20 person required by such section 4 to file a registra21 tion statement with respect to such coalition or asso22 ciation shall file a new registration statement within 

23 30 days after the date of the enactment of this Act. 
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1 SEC. 108. INCREASED PENALTY FOR FAILURE TO COMPLY 

2 WITH LOBBYING DISCLOSURE REQUIRE3 MENTS. 

4 Section 7 of the Lobbying Disclosure Act of 1995 (2 

5 U.S.C. 1606) is amended by striking ‘‘$50,000’’ and in6 serting ‘‘$100,000’’. 

7 TITLE II—SLOWING THE 

8 REVOLVING DOOR 

9 SEC. 201. AMENDMENTS TO RESTRICTIONS ON FORMER OF10 FICERS, EMPLOYEES, AND ELECTED OFFI11 CIALS OF THE EXECUTIVE AND LEGISLATIVE 

12 BRANCHES. 

13 (a) VERY SENIOR EXECUTIVE PERSONNEL.— 

14 (1) IN GENERAL.—The matter after subpara15 graph (C) in section 207(d)(1) of title 18, United 

16 States Code, is amended to read as follows: 

17 ‘‘and who, within 2 years after the termination of that 

18 person’s service in that position, engages in lobbying ac19 tivities directed at any person described in paragraph (2), 

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

21 shall be punished as provided in section 216 of this title.’’. 

22 (2) CONFORMING AMENDMENT.—The first sen23 tence of section 207(h)(1) of title 18, United States 

24 Code, is amended by inserting after ‘‘subsection (c)’’ 

25 the following: ‘‘and subsection (d)’’.
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1 (b) SENIOR EXECUTIVE PERSONNEL.—Section 

2 207(c)(1) of title 18, United States Code, is amended by 

3 striking ‘‘within 1 year after’’ and inserting ‘‘within 2 

4 years after’’. 

5 (c) FORMER MEMBERS OF CONGRESS AND OFFICERS

6 AND EMPLOYEES OF THE LEGISLATIVE BRANCH.— 

7 (1) IN GENERAL.—Section 207(e) of title 18, 

8 United States Code, is amended— 

9 (A) by striking paragraphs (1), (2), (3), 

10 and (4) and inserting the following: 

11 ‘‘(1) MEMBERS OF CONGRESS AND ELECTED

12 OFFICERS.—Any person who is a Member of Con13 gress or an elected officer of either House of Con14 gress and who, within 2 years after that person 

15 leaves office, knowingly engages in lobbying activities 

16 on behalf of any other person (except the United 

17 States) in connection with any matter on which such 

18 former Member of Congress or elected officer seeks 

19 action by a Member, officer, or employee of either 

20 House of Congress shall be punished as provided in 

21 section 216 of this title. 

22 ‘‘(2) CONGRESSIONAL EMPLOYEES.— 

23 ‘‘(A) IN GENERAL.—Any person who is an 

24 employee of the Senate or an employee of the 

25 House of Representatives, who, for at least 60 
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1 days, in the aggregate, during the 1-year period 

2 before the termination of employment of that 

3 person with the Senate or House of Representa4 tives, was paid a rate of basic pay equal to or 

5 greater than an amount which is 75 percent of 

6 the basic rate of pay payable for a Member of 

7 the House of Congress in which such employee 

8 was employed, within 2 years after termination 

9 of such employment, knowingly makes, with the 

10 intent to influence, any communication to or 

11 appearance before any of the persons described 

12 in subparagraph (B), on behalf of any other 

13 person (except the United States) in connection 

14 with any matter on which such former employee 

15 seeks action by a Member, officer, or employee 

16 of either House of Congress, in his or her offi17 cial capacity, shall be punished as provided in 

18 section 216 of this title. 

19 ‘‘(B) PERSONS REFERRED TO.—The per20 sons referred to under subparagraph (A) with 

21 respect to appearances or communications by a 

22 former employee are any Member, officer, or 

23 employee of the House of Congress in which 

24 such former employee served.’’; 

25 (B) in paragraph (6)— 
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1 (i) in subparagraph (A), by striking 

2 ‘‘paragraphs (2), (3), and (4)’’ and insert3 ing ‘‘paragraph (2)’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

6 (3)’’; 

7 (C) in paragraph (7)(G), by striking ‘‘, (2), 

8 (3), or (4)’’ and inserting ‘‘or (2)’’; and 

9 (D) by redesignating paragraphs (5), (6), 

10 and (7) as paragraphs (3), (4), and (5), respec11 tively. 

12 (2) DEFINITION.—Section 207(i) of title 18, 

13 United States Code, is amended— 

14 (A) in paragraph (2), by striking ‘‘and’’ 

15 after the semicolon; 

16 (B) in paragraph (3), by striking the pe17 riod and inserting ‘‘; and’’; and 

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

19 ‘‘(4) the term ‘lobbying activities’ has the same 

20 meaning given such term in section 3(7) of the Lob21 bying Disclosure Act (2 U.S.C. 1602(7)).’’. 

22 SEC. 202. REFORM OF WAIVER PROCESS FOR ACTS AFFECT23 ING A PERSONAL FINANCIAL INTEREST. 

24 Section 208 of title 18, United States Code, is 

25 amended— 
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1 (1) in subsection (b)(1)— 

2 (A) by inserting after ‘‘the Government of3 ficial responsible for appointment to his or her 

4 position’’ the following: ‘‘and the Office of Gov5 ernment Ethics’’; and 

6 (B) by striking ‘‘a written determination 

7 made by such official’’ and inserting ‘‘a written 

8 determination made by the Office of Govern9 ment Ethics, after consultation with such offi10 cial,’’; and 

11 (2) in subsection (b)(3), by striking ‘‘the official 

12 responsible for the employee’s appointment, after re13 view of’’ and inserting ‘‘the Office of Government 

14 Ethics, after consultation with the official respon15 sible for the employee’s appointment and after re16 view of’’; and 

17 (3) in subsection (d)(1)— 

18 (A) by striking ‘‘Upon request’’ and all 

19 that follows through ‘‘Ethics in Government Act 

20 of 1978.’’ and inserting ‘‘In each case in which 

21 the Office of Government Ethics makes a deter22 mination granting an exemption under sub23 section (b)(1) or (b)(3) to a person, the Office 

24 shall, not later than 3 business days after mak25 ing such determination, make available to the 
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1 public pursuant to the procedures set forth in 

2 section 105 of the Ethics in Government Act of 

3 1978, and publish in the Federal Register, such 

4 determination and the materials submitted by 

5 such person in requesting such exemption.’’; 

6 and 

7 (B) by striking ‘‘the agency may withhold’’ 

8 and inserting ‘‘the Office of Government Ethics 

9 may withhold’’. 

10 SEC. 203. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS 

11 OF EMPLOYMENT NEGOTIATIONS. 

12 (a) HOUSE OF REPRESENTATIVES.—The Code of Of13 ficial Conduct set forth in rule XXIII of the Rules of the 

14 House of Representatives is amended by redesignating 

15 clause 14 as clause 15 and by inserting after clause 13 

16 the following new clause: 

17 ‘‘14. A Member, Delegate, or Resident Commissioner 

18 shall publicly disclose the fact that he or she is negotiating 

19 or has any arrangement concerning prospective employ20 ment if a conflict of interest or the appearance of a conflict 

21 of interest may exist. Such disclosure shall be made within 

22 3 days after the commencement of such negotiation or ar23 rangement.’’. 
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1 (b) SENATE.—Rule XXXVII of the Standing Rules 

2 of the Senate is amended by adding at the end the fol3 lowing: 

4 ‘‘13. A Member, or former employee of Congress who, 

5 for at least 60 days, in the aggregate, during the 1-year 

6 period before the former employer’s service as such em7 ployee terminated, was paid a rate of basic pay equal to 

8 or greater than an amount which is 75 percent of the basic 

9 rate of pay payable for a Member of the House of Con10 gress in which such employee was employed, shall publicly 

11 disclose the fact that he or she is negotiating or has any 

12 arrangement concerning prospective employment if a con13 flict of interest or the appearance of a conflict of interest 

14 may exist. Such disclosure shall be made within 3 days 

15 after the commencement of such negotiation or arrange16 ment.’’. 

17 SEC. 204. WRONGFULLY INFLUENCING, ON A PARTISAN 

18 BASIS, AN ENTITY’S EMPLOYMENT DECISIONS 

19 OR PRACTICES. 

20 Whoever, being a Senator or Representative in, or a 

21 Delegate or Resident Commissioner to, the Congress or 

22 an employee of either House of Congress, with the intent 

23 to influence on the basis of political party affiliation an 

24 employment decision or employment practice of any pri25 vate or public entity (except for the Congress)— 
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1 (1) takes or withholds, or offers or threatens to 

2 take or withhold, an official act; or 

3 (2) influences, or offers or threatens to influ4 ence, the official act of another, 

5 shall be fined under title 18, United States Code, or im6 prisoned for not more than 15 years, or both, and may 

7 be disqualified from holding any office of honor, trust, or 

8 profit under the United States. 

9 SEC. 205. AMENDMENT TO CODE OF OFFICIAL CONDUCT TO 

10 PROHIBIT FAVORITISM. 

11 (a) HOUSE OF REPRESENTATIVES.—Rule XXIII of 

12 the Rules of the House of Representatives (known as the 

13 Code of Official Conduct) is amended by redesignating 

14 clause 14 as clause 15 and by inserting after clause 13 

15 the following new clause: 

16 ‘‘14. A Member, Delegate, Resident Commissioner, 

17 officer, or employee of the House may not take or with18 hold, or threaten to take or withhold, any official action 

19 on the basis of partisan affiliation (except as permitted 

20 by clause 9) or the campaign contributions or support of 

21 any person or the prospect of personal gain either for one22 self or any other person.’’. 

23 (b) SENATE.—Rule XXXVII of the Standing Rules 

24 of the Senate is amended by adding at the end the fol25 lowing: 
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1 ‘‘14. A Member, officer, or employee may not take 

2 or withhold, or threaten to take or withhold, any official 

3 action on the basis of partisan affiliation or the campaign 

4 contributions or support of any person or the prospect of 

5 personal gain either for oneself or any other person.’’. 

6 SEC. 206. ELIMINATION OF FLOOR PRIVILEGES AND OTHER 

7 PERKS FOR FORMER MEMBER LOBBYISTS. 

8 Notwithstanding any other rule of the House of Rep9 resentatives or Senate, any benefit or privilege granted by 

10 the House of Representatives or the Senate to all former 

11 Members of that body, including floor privileges, may not 

12 be received or exercised by a former Member who is a reg13 istered lobbyist. 

14 TITLE III—CURBING EXCESSES 

15 IN PRIVATELY FUNDED TRAV16 EL AND LOBBYIST GIFTS 

17 SEC. 301. REQUIRED CERTIFICATION THAT CONGRES18 SIONAL TRAVEL MEETS CERTAIN CONDI19 TIONS. 

20 (a) HOUSE OF REPRESENTATIVES.—Clause 5 of rule 

21 XXV of the Rules of the House of Representatives is 

22 amended by redesignating paragraphs (e) and (f) as para23 graphs (f) and (g), respectively, and by inserting after 

24 paragraph (d) the following new paragraph: 
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1 ‘‘(e)(1) Except as provided by subparagraph (2), be2 fore a Member, Delegate, Resident Commissioner, officer, 

3 or employee of the House may accept a gift of transpor4 tation or lodging otherwise permissible under this clause 

5 from any person, such Member, Delegate, Resident Com6 missioner, officer, or employee of the House, as applicable, 

7 shall obtain a written certification from such person (and 

8 provide a copy of such certification to the Clerk) that— 

9 ‘‘(A) the trip was not planned, organized, ar10 ranged, or financed by a registered lobbyist or for11 eign agent and was not organized at the request of 

12 a registered lobbyist or foreign agent; and 

13 ‘‘(B) the person did not accept, from any 

14 source, funds specifically earmarked for the purpose 

15 of financing the travel expenses. 

16 The Clerk shall make public information received 

17 under this subparagraph as soon as possible after it 

18 is received. 

19 ‘‘(2) A Member, Delegate, or Resident Commissioner 

20 is not required to obtain a written certification for a gift 

21 or transportation or lodging described in subdivision (A), 

22 (B), (C), (D), (F), or (G) of paragraph (a)(1).’’. 

23 (b) SENATE.—Paragraph 1 of rule XXXV of the 

24 Standing Rules of the Senate is amended by adding at 

25 the end the following: 
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1 ‘‘(g) Before a Member, officer, or employee may ac2 cept a gift of transportation or lodging otherwise permis3 sible under this rule from any person, such Member, offi4 cer, or employee shall obtain a written certification from 

5 such person (and provide a copy of such certification to 

6 the Select Committee on Ethics) that— 

7 ‘‘(1) the trip was not planned, organized, ar8 ranged, or financed by a registered lobbyist or for9 eign agent and was not organized at the request of 

10 a registered lobbyist or foreign agent; 

11 ‘‘(2) registered lobbyists will not participate in 

12 or attend the trip; and 

13 ‘‘(3) the person did not accept, from any 

14 source, funds specifically earmarked for the purpose 

15 of financing the travel expenses. 

16 The Select Committee on Ethics shall make public infor17 mation received under this subparagraph as soon as pos18 sible after it is received.’’. 

19 SEC. 302. REQUIREMENT OF FULL PAYMENT AND DISCLO20 SURE OF CHARTER FLIGHTS. 

21 (a) HOUSE OF REPRESENTATIVES.—To be provided. 

22 (b) SENATE.— 

23 (1) IN GENERAL.—Paragraph 1(c)(1) of rule 

24 XXXV of the Standing Rules of the Senate is 

25 amended by— 
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1 (A) inserting ‘‘(A)’’ after ‘‘(1)’’; and 

2 (B) adding at the end the following: 

3 ‘‘(B) Market value for a jet flight on an air4 plane that is not licensed by the Federal Aviation 

5 Administration to operate for compensation or hire 

6 shall be the fair market value of a charter flight. 

7 The Select Committee on Ethics shall make public 

8 information received under this subparagraph as 

9 soon as possible after it is received.’’. 

10 (2) DISCLOSURE.—Paragraph 1 of rule XXXV 

11 of the Standing Rules of the Senate is amended by 

12 adding at the end the following: 

13 ‘‘(h) A Member, officer, or employee who takes a 

14 flight described in subparagraph (c)(1)(B) shall, with re15 spect to the flight, cause to be published in the Congres16 sional Record within 10 days after the flight— 

17 ‘‘(1) the date of the flight; 

18 ‘‘(2) the destination of the flight; 

19 ‘‘(3) who else was on the flight, other than 

20 those operating the plane; 

21 ‘‘(4) the purpose of the trip; and 

22 ‘‘(5) the reason that a commercial airline was 

23 not used.’’. 

24 (c) CANDIDATES.—Subparagraph (B) of section 

25 301(8) of the Federal Election Campaign Act of 1971 (42 
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1 U.S.C. 431(8)(B)) is amended by striking ‘‘and’’ at the 

2 end of clause (xiii), by striking the period at the end of 

3 clause (xiv) and inserting ‘‘; and’’, and by adding at the 

4 end the following new clause: 

5 ‘‘(xv) any travel expense for a flight 

6 on an airplane that is not licensed by the 

7 Federal Aviation Administration to operate 

8 for compensation or hire, but only if the 

9 candidate or the candidate’s authorized 

10 committee or other political committee 

11 pays within 7 days after the date of the 

12 flight to the owner, lessee, or other person 

13 who provides the use of the airplane an 

14 amount not less than the normal and usual 

15 charter fare or rental charge for a com16 parable commercial airplane of appropriate 

17 size.’’. 

18 SEC. 303. FALSE CERTIFICATION IN CONNECTION WITH 

19 CONGRESSIONAL TRAVEL. 

20 (a) IN GENERAL.—Whoever makes a false certifi21 cation in connection with the travel of a Member, officer, 

22 or employee of either House of Congress (within the mean23 ing given those terms in section 207 of title 18, United 

24 States Code) shall, upon proof of such offense by a pre-
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1 ponderance of the evidence, be subject to a civil fine de2 pending on the extent and gravity of the violation. 

3 (b) MAXIMUM FINE.—The maximum fine per offense 

4 under this section depends on the number of separate trips 

5 in connection with which the person committed an offense 

6 under this section, as follows: 

7 (1) FIRST TRIP.—For each offense committed 

8 in connection with the first such trip, the amount of 

9 the fine shall be not more than $100,000 per of10 fense. 

11 (2) SECOND TRIP.—For each offense committed 

12 in connection with the second such trip, the amount 

13 of the fine shall be not more than $300,000 per of14 fense. 

15 (3) ANY OTHER TRIPS.—For each offense com16 mitted in connection with any such trip after the 

17 second, the amount of the fine shall be not more 

18 than $500,000 per offense. 

19 SEC. 304. INCREASED DISCLOSURE OF TRAVEL BY MEM20 BERS. 

21 (a) HOUSE OF REPRESENTATIVES.—Clause 

22 5(b)(1)(A)(ii) of rule XXV of the Rules of the House of 

23 Representatives is amended by— 

24 (1) inserting ‘‘a detailed description of each of’’ 

25 before ‘‘the expenses’’; and 
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1 (2) inserting ‘‘, including a description of all 

2 meetings, tours, events, and outings during such 

3 travel’’ before the period at the end thereof. 

4 (b) SENATE.—Paragraph 2(c) of rule XXXV of the 

5 Standing Rules of the Senate is amended— 

6 (1) in subclause (5), by striking ‘‘and’’ after the 

7 semicolon; 

8 (2) by redesignating subclause (6) as subclause 

9 (7); and 

10 (3) by adding after subclause (5) the following: 

11 ‘‘(6) a detailed description of all meetings, 

12 tours, events, and outings during such travel; and’’. 

13 SEC. 305. GUIDELINES RESPECTING TRAVEL EXPENSES. 

14 (a) HOUSE OF REPRESENTATIVES.—Clause 5(f) of 

15 rule XXV of the Rules of the House of Representatives 

16 is amended by inserting ‘‘(1)’’ after ‘‘(f)’’ and by adding 

17 at the end the following new subparagraph: 

18 ‘‘(2) Within 90 days after the date of adoption of this 

19 subparagraph and at annual intervals thereafter, the Com20 mittee on Standards of official Conduct shall develop and 

21 revise, as necessary, guidelines on what constitutes ‘rea22 sonable expenses’ or ‘reasonable expenditures’ for pur23 poses of paragraph (b)(4). In developing and revising the 

24 guidelines, the committee shall take into account the max25 imum per diem rates for official Government travel pub-
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1 lished annually by the General Services Administration, 

2 the Department of State, and the Department of De3 fense.’’. 

4 (b) SENATE.—Rule XXXV of the Standing Rules of 

5 the Senate is amended by adding at the end the following: 

6 ‘‘(7) Not later than 90 days after the date of 

7 adoption of this paragraph and at annual intervals 

8 thereafter, the Select Committee on Ethics shall de9 velop and revise, as necessary, guidelines on what 

10 constitutes ‘reasonable expenses’ or ‘reasonable ex11 penditures’ for purposes of this rule. In developing 

12 and revising the guidelines, the committee shall take 

13 into account the maximum per diem rates for official 

14 Government travel published annually by the Gen15 eral Services Administration, the Department of 

16 State, and the Department of Defense.’’. 

17 SEC. 306. PROHIBITION ON GIFTS BY REGISTERED LOBBY18 ISTS TO MEMBERS OF CONGRESS AND TO 

19 CONGRESSIONAL EMPLOYEES. 

20 (a) PROHIBITION.— 

21 (1) IN GENERAL.—A registered lobbyist may 

22 not knowingly make a gift to a Member, Delegate, 

23 Resident Commissioner, officer, or employee of Con24 gress except as provided in this section. 
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1 (2) GIFT DEFINED.—In this section, the term 

2 ‘‘gift’’ means a gratuity, favor, discount, entertain3 ment, hospitality, loan, forbearance, or other item 

4 having monetary value. The term includes gifts of 

5 services, training, transportation, lodging, and 

6 meals, whether provided in kind, by purchase of a 

7 ticket, payment in advance, or reimbursement after 

8 the expense has been incurred. 

9 (3) REGISTERED LOBBYIST DEFINED.—In this 

10 section, the term ‘‘registered lobbyist’’ means— 

11 (A) a lobbyist registered under the Lob12 bying Disclosure Act of 1995 (2 U.S.C. 1601 et 

13 seq.); 

14 (B) a lobbyist who, as an employee of an 

15 organization, is covered by the registration of 

16 that organization under that Act; and 

17 (C) an organization registered under that 

18 Act. 

19 (4) GIFTS TO FAMILY MEMBERS AND OTHER

20 INDIVIDUALS.—For the purposes of this section, a 

21 gift to a family member of a Member, Delegate, 

22 Resident Commissioner, officer, or employee of Con23 gress, or a gift to any other individual based on that 

24 individual’s relationship with the Member, Delegate, 

25 Resident Commissioner, officer, or employee, shall 
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1 be considered a gift to the Member, Delegate, Resi2 dent Commissioner, officer, or employee if the gift 

3 was given because of the official position of the 

4 Member, Delegate, Resident Commissioner, officer, 

5 or employee. 

6 (5) EXCEPTIONS.—The restrictions in para7 graph (1) do not apply to the following: 

8 (A) CERTAIN LAWFUL POLITICAL FUND9 RAISING ACTIVITIES.—A contribution, as de10 fined in section 301(8) of the Federal Election 

11 Campaign Act of 1971 (2 U.S.C. 431) that is 

12 lawfully made under that Act, a lawful con13 tribution for election to a State or local govern14 ment office, or attendance at a fundraising 

15 event sponsored by a political organization de16 scribed in section 527(e) of the Internal Rev17 enue Code of 1986. 

18 (B) GIFT FROM A RELATIVE.—A gift from 

19 a relative as described in section 109(16) of 

20 title I of the Ethics in Government Act of 1978 

21 (2 U.S.C. App. 109(16)). 

22 (C) EMPLOYEE BENEFITS.—Pension and 

23 other benefits resulting from continued partici24 pation in an employee welfare and benefits plan 

25 maintained by a former employer. 
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1 (D) INFORMATIONAL MATERIALS.—Infor2 mational materials that are sent to the office of 

3 the Member, Delegate, Resident Commissioner, 

4 officer, or employee in the form of books, arti5 cles, periodicals, other written materials, audio6 tapes, videotapes, or other forms of communica7 tion. 

8 (E) ITEMS OF NOMINAL VALUE.—An item 

9 of nominal value such as a greeting card, base10 ball cap, or a T-shirt. 

11 (F) PERSONAL FRIENDSHIP.— 

12 (i) IN GENERAL.—Anything provided 

13 by an individual on the basis of a personal 

14 friendship unless the gift was given be15 cause of the official position of the Mem16 ber, Delegate, Resident Commissioner, offi17 cer, or employee. 

18 (ii) CIRCUMSTANCES.—In determining 

19 whether a gift is provided on the basis of 

20 personal friendship, the following shall be 

21 considered: 

22 (I) The history of the relation23 ship between the Member, Delegate, 

24 Resident Commissioner, officer, or 

25 employer and the individual giving the 
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1 gift, including any previous exchange 

2 of gifts between them. 

3 (II) Whether the individual who 

4 gave the gift personally paid for the 

5 gift or sought a tax deduction or busi6 ness reimbursement for the gift. 

7 (III) Whether the individual who 

8 gave the gift also gave the same or 

9 similar gifts to other Members, Dele10 gates, the Resident Commissioners, 

11 officers, or employees of Congress. 

12 (G) CERTAIN OUTSIDE BUSINESS OR EM13 PLOYMENT ACTIVITIES PROVIDED TO

14 SPOUSE.—Food, refreshments, lodging, trans15 portation, and other benefits provided to the 

16 spouse of the Member, Delegate, Resident Com17 missioner, officer, or employee, resulting from 

18 the outside business or employment activities of 

19 the spouse or in connection with bona fide em20 ployment discussions with respect to the spouse, 

21 if such benefits have not been offered or en22 hanced because of the official position of the 

23 Member, Delegate, Resident Commissioner, offi24 cer, or employee and are customarily provided 

25 to others in similar circumstances. 
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1 (H) OPPORTUNITIES AND BENEFITS UN2 RELATED TO CONGRESSIONAL EMPLOYMENT.—

3 Opportunities and benefits that are offered to 

4 members of a group or class in which member5 ship is unrelated to congressional employment. 

6 (I) CERTAIN FOODS OR REFRESHMENTS.—

7 Food or refreshments of a nominal value of8 fered other than as a part of a meal. 

9 (b) PENALTY.—Any registered lobbyist who violates 

10 this section shall be subject to a civil fine of not more 

11 than $50,000, depending on the extent and gravity of the 

12 violation. 

13 SEC. 307. PROHIBITION ON MEMBERS ACCEPTING GIFTS 

14 FROM LOBBYISTS. 

15 (a) HOUSE OF REPRESENTATIVES.—Clause 

16 5(a)(1)(A) of rule XXV of the Rules of the House of Rep17 resentatives is amended by adding at the end the following 

18 new sentence: ‘‘Notwithstanding any other provision of 

19 this clause, in no event may a Member, Delegate, or Resi20 dent Commissioner accept a gift from a registered lobbyist 

21 prohibited by section 306 of the Lobbying and Ethics Re22 form Act of 2005.’’. 

23 (b) SENATE.—Paragraph 1 of rule XXXV of the 

24 Standing Rules of the Senate is amended by adding at 

25 the end the following: 
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1 ‘‘(g) Notwithstanding any other provision of this rule, 

2 in no event may a Member accept a gift from a registered 

3 lobbyist prohibited by section 306 of the Lobbying and 

4 Ethics Reform Act of 2005.’’. 

5 TITLE IV—OVERSIGHT OF 

6 ETHICS AND LOBBYING 

7 SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMI8 ANNUAL REPORT ON ACTIVITIES CARRIED 

9 OUT BY CLERK OF THE HOUSE AND SEC10 RETARY OF THE SENATE UNDER LOBBYING 

11 DISCLOSURE ACT OF 1995. 

12 (a) ONGOING REVIEW REQUIRED.—The Comptroller 

13 General shall review on an ongoing basis the activities car14 ried out by the Clerk of the House of Representatives and 

15 the Secretary of the Senate under section 6 of the Lob16 bying Disclosure Act of 1995 (2 U.S.C. 1605). The review 

17 shall emphasize— 

18 (1) the effectiveness of those activities in secur19 ing the compliance by lobbyists with the require20 ments of that Act; and 

21 (2) whether the Clerk and the Secretary have 

22 the resources and authorities needed for effective 

23 oversight and enforcement of that Act. 

24 (b) SEMIANNUAL REPORTS.—Twice yearly, not later 

25 than January 1 and not later than July 1 of each year, 
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1 the Comptroller General shall submit to Congress a report 

2 on the review required by subsection (a). The report shall 

3 include the Comptroller General’s assessment of the mat4 ters required to be emphasized by that subsection and any 

5 recommendations of the Comptroller General to— 

6 (1) improve the compliance by lobbyists with 

7 the requirements of that Act; and 

8 (2) provide the Clerk and the Secretary with 

9 the resources and authorities needed for effective 

10 oversight and enforcement of that Act.

Æ