I 

109TH CONGRESS 

2D SESSION H. R. 4682 

To provide more rigorous requirements with respect to disclosure and enforcement of ethics and lobbying laws and regulations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2006 

Ms. PELOSI (for herself, Mr. HOYER, Mr. CLYBURN, Mr. GEORGE MILLER of 

California, Ms. DELAURO, Mr. EMANUEL, Mr. DINGELL, Mr. CONYERS, 

Mr. OBEY, Mr. RANGEL, Mr. WAXMAN, Mr. SKELTON, Mr. FRANK of 

Massachusetts, Mr. LANTOS, Mr. BERMAN, Mr. SPRATT, Ms. SLAUGHTER, Mr. EVANS, Mr. PETERSON of Minnesota, Ms. MILLENDER-MCDONALD, Ms. HARMAN, Mr. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, Mr. 

BACA, Mr. BAIRD, Ms. BALDWIN, Mr. BARROW, Ms. BEAN, Mr. BECERRA, Ms. BERKLEY, Mr. BERRY, Mr. BISHOP of New York, Mr. BISHOP

of Georgia, Mr. BLUMENAUER, Ms. BORDALLO, Mr. BOSWELL, Mr. 

BROWN of Ohio, Mr. BUTTERFIELD, Mrs. CAPPS, Mr. CARDIN, Mr. 

CARNAHAN, Ms. CARSON, Mr. CASE, Mr. CHANDLER, Mr. CLAY, Mr. 

CLEAVER, Mr. COOPER, Mr. CROWLEY, Mr. CUELLAR, Mr. CUMMINGS, 

Mr. DAVIS of Alabama, Mrs. DAVIS of California, Mr. DAVIS of Florida, 

Mr. DAVIS of Illinois, Mr. DAVIS of Tennessee, Mr. DEFAZIO, Ms. 

DEGETTE, Mr. DELAHUNT, Mr. DICKS, Mr. DOGGETT, Mr. EDWARDS, 

Mr. ETHERIDGE, Ms. ESHOO, Mr. FALEOMAVAEGA, Mr. FARR, Mr. 

FATTAH, Mr. FILNER, Mr. FORD, Mr. GONZALEZ, Mr. GORDON, Mr. AL

GREEN of Texas, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. 

GUTIERREZ, Mr. HASTINGS of Florida, Ms. HERSETH, Mr. HIGGINS, Mr. 

HINCHEY, Mr. HINOJOSA, Mr. HONDA, Mr. HOLT, Ms. HOOLEY, Mr. 

INSLEE, Mr. ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of 

Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of Rhode 

Island, Mr. KILDEE, Mr. KIND, Mr. KUCINICH, Mr. LANGEVIN, Mr. 

LARSEN of Washington, Mr. LARSON of Connecticut, Ms. LEE, Mr. 

LEVIN, Mr. LEWIS of Georgia, Mr. LIPINSKI, Ms. ZOE LOFGREN of California, Mrs. LOWEY, Mr. LYNCH, Mrs. MCCARTHY, Ms. MCCOLLUM of 

Minnesota, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mrs. 

MALONEY, Mr. MARKEY, Ms. MATSUI, Mr. MEEHAN, Mr. MEEK of Florida, Mr. MELANCON, Mr. MICHAUD, Mr. MILLER of North Carolina, Mr. 

MOORE of Kansas, Mr. MORAN of Virginia, Mr. NADLER, Mrs. 

NAPOLITANO, Ms. NORTON, Mr. OLVER, Mr. ORTIZ, Mr. OWENS, Mr. 

PALLONE, Mr. PASCRELL, Mr. POMEROY, Mr. PRICE of North Carolina, 

Mr. REYES, Mr. ROSS, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. 
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RUPPERSBERGER, Mr. RYAN of Ohio, Mr. SALAZAR, Ms. LINDA T. 

SA ́NCHEZ of California, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SCHIFF, 

Mr. SCOTT of Georgia, Mr. SCOTT of Virginia, Ms. SCHWARTZ of Pennsylvania, Mr. SHERMAN, Mr. SMITH of Washington, Ms. SOLIS, Mr. 

STARK, Mr. STRICKLAND, Mrs. TAUSCHER, Mr. TAYLOR of Mississippi, 

Mr. THOMPSON of California, Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of 

Colorado, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Mr. VISCLOSKY, 

Ms. WASSERMAN SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. WEINER, 

Mr. WEXLER, Ms. WOOLSEY, and Mr. WU) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committees on Rules, Government Reform, Standards of Official 

Conduct, Armed Services, and House Administration, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide more rigorous requirements with respect to disclosure and enforcement of ethics and lobbying laws and 

regulations, and for other purposes. 

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 AND TABLE OF CONTENTS. 

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

5 ‘‘Honest Leadership and Open Government Act of 2006’’. 

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

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—CLOSING THE REVOLVING DOOR 

Sec. 101. Extension of lobbying ban for former Members and employees of Congress and executive branch officials. 

Sec. 102. Elimination of floor privileges and access to Members exercise facilities for former Member lobbyists. 

Sec. 103. Disclosure by Members of Congress and senior congressional staff of 

employment negotiations. 
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Sec. 104. Ethics review of employment negotiations by executive branch officials. 

Sec. 105. Wrongfully influencing a private entity’s employment decisions or 

practices. 

TITLE II—FULL PUBLIC DISCLOSURE OF LOBBYING 

Sec. 201. Quarterly filing of lobbying disclosure reports. 

Sec. 202. Electronic filing of lobbying disclosure reports. 

Sec. 203. Additional lobbying disclosure requirements. 

Sec. 204. Disclosure of paid efforts to stimulate grassroots lobbying. 

Sec. 205. Disclosure of lobbying activities by certain coalitions and associations. 

Sec. 206. Disclosure by registered lobbyists of past executive and congressional 

employment. 

Sec. 207. Public database of lobbying disclosure information. 

Sec. 208. Conforming amendment. 

TITLE III—RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS 

Sec. 301. Ban on gifts from lobbyists. 

Sec. 302. Prohibition on privately funded travel. 

Sec. 303. Prohibiting lobbyist organization and participation in congressional 

travel. 

Sec. 304. Reimbursement and disclosure of noncommercial travel. 

Sec. 305. Per diem expenses for congressional travel. 

TITLE IV—ENFORCEMENT OF LOBBYING RESTRICTIONS 

Sec. 401. Office of public integrity. 

Sec. 402. Increased civil and criminal penalties for failure to comply with lobbying disclosure requirements. 

Sec. 403. Penalty for false certification in connection with congressional travel. 

Sec. 404. Mandatory annual ethics training for House employees. 

TITLE V—OPEN GOVERNMENT 

Sec. 501. Fiscal responsibility. 

Sec. 502. Curbing abuses of power. 

Sec. 503. Ending 2-day work weeks. 

Sec. 504. Knowing what the House is voting on. 

Sec. 505. Full and open debate in conference. 

TITLE VI—ANTI-CRONYISM AND PUBLIC SAFETY 

Sec. 601. Minimum requirements for political appointees holding public safety 

positions. 

Sec. 602. Effective date. 

TITLE VII—ZERO TOLERANCE FOR CONTRACT CHEATERS 

Sec. 701. Public availability of Federal contract awards. 

Sec. 702. Prohibition on award of monopoly contracts. 

Sec. 703. Competition in multiple award contracts. 

Sec. 704. Suspension and debarment of unethical contractors. 

Sec. 705. Criminal sanctions for cheating taxpayers and wartime fraud. 

Sec. 706. Prohibition on contractor conflicts of interest. 

Sec. 707. Disclosure of Government contractor overcharges. 

Sec. 708. Penalties for improper sole-source contracting procedures. 
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Sec. 709. Stopping the revolving door. 

TITLE VIII—PRESIDENTIAL LIBRARIES 

Sec. 801. Presidential libraries. 

1 TITLE I—CLOSING THE 

2 REVOLVING DOOR 

3 SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER 

4 MEMBERS AND EMPLOYEES OF CONGRESS 

5 AND EXECUTIVE BRANCH OFFICIALS. 

6 Section 207 of title 18, United States Code, is 

7 amended— 

8 (1) in subsection (c)— 

9 (A) in the subsection heading, by striking 

10 ‘‘One-year’’ and inserting ‘‘Two-year’’; 

11 (B) in paragraph (1), by striking ‘‘1 year’’ 

12 and inserting ‘‘2 years’’ in both places it ap13 pears; and 

14 (C) in paragraph (2)(B), by striking ‘‘1- 

15 year period’’ and inserting ‘‘2-year period;’’ 

16 (2) in subsection (d)— 

17 (A) in paragraph (1), by striking ‘‘1 year’’ 

18 and inserting ‘‘2 years’’; and 

19 (B) in paragraph (2)(A), by striking ‘‘1 

20 year’’ and inserting ‘‘2 years’’; and 

21 (3) in subsection (e)— 

22 (A) in paragraph (1)(A), by striking ‘‘1 

23 year’’ and inserting ‘‘2 years’’; 
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1 (B) in paragraph (2)(A), by striking ‘‘1 

2 year’’ and inserting ‘‘2 years’’; 

3 (C) in paragraph (3), by striking ‘‘1 year’’ 

4 and inserting ‘‘2 years’’; 

5 (D) in paragraph (4), by striking ‘‘1 year’’ 

6 and inserting ‘‘2 years’’; 

7 (E) in paragraph (5)(A), by striking ‘‘1 

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

9 (F) in paragraph (6), by striking ‘‘1-year 

10 period’’ and inserting ‘‘2-year period’’. 

11 SEC. 102. ELIMINATION OF FLOOR PRIVILEGES AND AC12 CESS TO MEMBERS EXERCISE FACILITIES 

13 FOR FORMER MEMBER LOBBYISTS. 

14 (a) FLOOR PRIVILEGES.—(1) Clause 4 of rule IV of 

15 the Rules of the House of Representatives is amended to 

16 read as follows: 

17 ‘‘4. (a) A former Member, Delegate, or Resident 

18 Commissioner; a former Parliamentarian of the House; or 

19 a former elected officer of the House or former minority 

20 employee nominated as an elected officer of the House; 

21 or a head of a department shall not be entitled to the privi22 lege of admission to the Hall of the House and rooms lead23 ing thereto if he or she— 
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1 ‘‘(1) is a registered lobbyist or agent of a for2 eign principal as those terms are defined in clause 

3 5 of rule XXV; 

4 ‘‘(2) has any direct personal or pecuniary inter5 est in any legislative measure pending before the 

6 House or reported by a committee; or 

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

8 or organization for the purpose of influencing, di9 rectly or indirectly, the passage, defeat, or amend10 ment of any legislative proposal. 

11 ‘‘(b) The Speaker may promulgate regulations that 

12 exempt ceremonial or educational functions from the re13 strictions of this clause.’’. 

14 (2) Clause 2(a)(12) of rule IV of the Rules of the 

15 House of Representatives is amended by inserting ‘‘(sub16 ject to clause 4)’’ before the period. 

17 (b) EXERCISE FACILITIES.—(1) The House of Rep18 resentatives may not provide access to any exercise facility 

19 which is made available exclusively to Members and former 

20 Members of the House of Representatives to any former 

21 Member who is a lobbyist registered under the Lobbying 

22 Disclosure Act of 1995 or any successor statute. For pur23 poses of this section, the term ‘‘Member of the House of 

24 Representatives’’ includes a Delegate or Resident Commis25 sioner to the Congress. 
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1 (2) The Committee on House Administration shall 

2 promulgate regulations to carry out this section. 

3 SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND 

4 SENIOR CONGRESSIONAL STAFF OF EMPLOY5 MENT NEGOTIATIONS. 

6 Rule XXIII of the Rules of the House of Representa7 tives is amended by redesignating clause 14 as clause 15 

8 and by adding at the end the following new clause: 

9 ‘‘14. (a) A Member, Delegate, Resident Commis10 sioner, officer, or employee of the House covered by the 

11 post employment restriction provisions of title 18, United 

12 States Code, shall notify the Committee on Standards of 

13 Official Conduct that he or she is negotiating or has any 

14 arrangement concerning prospective private employment if 

15 a conflict of interest or the appearance of a conflict of 

16 interest may exist. 

17 ‘‘(b) The disclosure and notification under subpara18 graph (a) shall be made within 3 business days after the 

19 commencement of such negotiation or arrangement. 

20 ‘‘(c) A Member or employee to whom this rule applies 

21 shall recuse himself or herself from any matter in which 

22 there is a conflict of interest for that Member or employee 

23 under this rule and notify the Committee on Standards 

24 of Official Conduct of such recusal. 
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1 ‘‘(d)(1) The Committee on Standards of Official Con2 duct shall develop guidelines concerning conduct which is 

3 covered by this paragraph. 

4 ‘‘(2) The Committee on Standards of Official Con5 duct shall maintain a current public record of all notifica6 tions received under subparagraph (a) and of all recusals 

7 under subparagraph (c).’’. 

8 SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS 

9 BY EXECUTIVE BRANCH OFFICIALS. 

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

11 amended— 

12 (1) in subsection (b)(1)— 

13 (A) by inserting after ‘‘the Government of14 ficial responsible for appointment to his or her 

15 position’’ the following: ‘‘and the Office of Gov16 ernment Ethics’’; and 

17 (B) by striking ‘‘a written determination 

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

19 determination made by the Office of Govern20 ment Ethics, after consultation with such offi21 cial,’’; and 

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

23 responsible for the employee’s appointment, after re24 view of’’ and inserting ‘‘the Office of Government 

25 Ethics, after consultation with the official respon-
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1 sible for the employee’s appointment and after re2 view of’’; and 

3 (3) in subsection (d)(1)— 

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

5 that follows through ‘‘Ethics in Government Act 

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

7 the Office of Government Ethics makes a deter8 mination granting an exemption under sub9 section (b)(1) or (b)(3) to a person, the Office 

10 shall, not later than 3 business days after mak11 ing such determination, make available to the 

12 public pursuant to the procedures set forth in 

13 section 105 of the Ethics in Government Act of 

14 1978, and publish in the Federal Register, such 

15 determination and the materials submitted by 

16 such person in requesting such exemption.’’; 

17 and 

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

19 and inserting ‘‘the Office of Government Ethics 

20 may withhold’’. 

21 SEC. 105. WRONGFULLY INFLUENCING A PRIVATE ENTITY’S 

22 EMPLOYMENT DECISIONS OR PRACTICES. 

23 (a) IN GENERAL.—Chapter 11 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 
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1 ‘‘§ 226. Wrongfully influencing a private entity’s em2 ployment decisions by a Member of Con3 gress 

4 ‘‘Whoever, being a Senator or Representative in, or 

5 a Delegate or Resident Commissioner to, the Congress or 

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

7 to influence on the basis of partisan political affiliation 

8 an employment decision or employment practice of any 

9 private entity— 

10 ‘‘(1) takes or withholds, or offers or threatens 

11 to take or withhold, an official act; or 

12 ‘‘(2) influences, or offers or threatens to influ13 ence, the official act of another; 

14 shall be fined under this title or imprisoned for not more 

15 than 15 years, or both, and may be disqualified from hold16 ing any office of honor, trust, or profit under the United 

17 States.’’. 

18 (b) NO INFERENCE.—Nothing in section 226 of title 

19 18, United States Code, as added by this section, shall 

20 be construed to create any inference with respect to wheth21 er the activity described in section 226 of title 18, United 

22 States Code, was already a criminal or civil offense prior 

23 to the enactment of this Act, including sections 201(b), 

24 201(c), and 216 of title 18, United States Code. 
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1 (c) CHAPTER ANALYSIS.—The chapter analysis for 

2 chapter 11 of title 18, United States Code, is amended 

3 by adding at the end the following: 

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

4 (d) HOUSE RULES.—Rule XXIII of the Rules of the 

5 House (as amended by section 103) is further amended 

6 by redesignating clause 15 as clause 16, and by inserting 

7 after clause 14 the following new clause: 

8 ‘‘15. No Member, Delegate, or Resident Commis9 sioner shall, with the intent to influence on the basis of 

10 partisan political affiliation an employment decision or 

11 employment practice of any private entity— 

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

13 take or withhold, an official act; or 

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

15 the official act of another.’’. 

16 TITLE II—FULL PUBLIC 

17 DISCLOSURE OF LOBBYING 

18 SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE 

19 REPORTS. 

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

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

22 amended— 

23 (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(10) of the Lob25 bying Disclosure Act of 1995 (2 U.S.C. 1602) is 
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1 amended by striking ‘‘six month period’’ and insert2 ing ‘‘three-month period’’. 

3 (2) REGISTRATION.—Section 4 of the Lobbying 

4 Disclosure Act of 1995 (2 U.S.C. 1603) is amend5 ed— 

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

7 ‘‘semiannual period’’ and inserting ‘‘quarterly 

8 period’’; and 

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

10 ‘‘semiannual period’’ and inserting ‘‘quarterly 

11 period’’. 

12 (3) ENFORCEMENT.—Section 6 of the Lobbying 

13 Disclosure Act of 1995 (2 U.S.C. 1605) is amended 

14 in paragraph (6) by striking ‘‘semiannual period’’ 

15 and inserting ‘‘quarterly period’’. 

16 (4) ESTIMATES.—Section 15 of the Lobbying 

17 Disclosure Act of 1995 (2 U.S.C. 1610) is amend18 ed— 

19 (A) in subsection (a)(1), by striking ‘‘semi20 annual period’’ and inserting ‘‘quarterly pe21 riod’’; and 

22 (B) in subsection (b)(1), by striking ‘‘semi23 annual period’’ and inserting ‘‘quarterly pe24 riod’’. 

25 (5) DOLLAR AMOUNTS.— 
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1 (A) Section 4 of the Lobbying Disclosure 

2 Act of 1995 (2 U.S.C. 1603) is amended— 

3 (i) in subsection (a)(3)(A)(i), by strik4 ing ‘‘$5,000’’ and inserting ‘‘$2,500’’; 

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

6 striking ‘‘$20,000’’ and inserting 

7 ‘‘$10,000’’; 

8 (iii) in subsection (b)(3)(A), by strik9 ing ‘‘$10,000’’ and inserting ‘‘$5,000’’; 

10 and 

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

12 ‘‘$10,000’’ and inserting ‘‘$5,000’’. 

13 (B) Section 5 of the Lobbying Disclosure 

14 Act of 1995 (2 U.S.C. 1604) is amended— 

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

16 ‘‘$10,000’’ and ‘‘$20,000’’ and inserting 

17 ‘‘$5,000’’ and ‘‘$10,000’’, respectively; and 

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

19 ‘‘$10,000’’ both places such term appears 

20 and inserting ‘‘$5,000’’. 

21 SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE 

22 REPORTS. 

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

24 U.S.C. 1604) is amended by adding at the end the fol25 lowing: 
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1 ‘‘(d) ELECTRONIC FILING REQUIRED.—A report re2 quired to be filed under this section shall be filed in elec3 tronic form, in addition to any other form that may be 

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

5 the House of Representatives. The Secretary of the Senate 

6 and the Clerk of the House of Representatives shall pro7 vide for public access to such reports on the Internet.’’. 

8 SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIRE9 MENTS. 

10 (a) DISCLOSURE OF CONTRIBUTIONS AND PAY11 MENTS.—Section 5(b) of the Lobbying Disclosure Act of 

12 1995 (2 U.S.C. 1604(b)) is amended— 

13 (1) in paragraph (5), as added by section 

14 204(c), by striking the period and inserting a semi15 colon; and 

16 (2) by adding at the end the following: 

17 ‘‘(6) for each registrant (and for any political 

18 committee, as defined in section 301(4) of the Fed19 eral Election Campaign Act of 1971 (2 U.S.C. 

20 431(4)), affiliated with such registrant) and for each 

21 employee listed as a lobbyist by a registrant under 

22 paragraph 2(C)— 

23 ‘‘(A) the name of each Federal candidate 

24 or officeholder, leadership PAC, or political 

25 party committee, to whom a contribution was 
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1 made, and the amount of such contribution; 

2 and 

3 ‘‘(B) the name of each Federal candidate 

4 or officeholder, or a leadership PAC of such 

5 candidate or officeholder, or political party com6 mittee for whom a fundraising event was 

7 hosted, cohosted, or otherwise sponsored, the 

8 date and location of the event, and the total 

9 amount raised by the event; 

10 ‘‘(7) a certification that the lobbying firm or 

11 registrant has not provided, requested, or directed a 

12 gift, including travel, to a Member or employee of 

13 Congress in violation of clause 5 of rule XXV of the 

14 Rules of the House of Representatives; 

15 ‘‘(8) the date, recipient, and amount of funds 

16 contributed or disbursed by, or arranged by, a reg17 istrant or employee listed as a lobbyist— 

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

19 or recognize a covered legislative branch official 

20 or covered executive branch official; 

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

22 named for a covered legislative branch official 

23 or covered executive branch official, or to a per24 son or entity in recognition of such official; 
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1 ‘‘(C) to an entity established, financed, 

2 maintained, or controlled by a covered legisla3 tive branch official or covered executive branch 

4 official, or an entity designated by such official; 

5 or 

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

7 conference or other similar event held by, or for 

8 the benefit of, 1 or more covered legislative 

9 branch officials or covered executive branch of10 ficials; 

11 except that this paragraph shall not apply to any 

12 payment or reimbursement made from funds re13 quired to be reported under section 304 of the Fed14 eral Election Campaign Act of 1971 (2 U.S.C. 434); 

15 and 

16 ‘‘(9) the name of each Member of Congress con17 tacted by lobbyists employed by the registrant on be18 half of the client.’’. 

19 (b) LEADERSHIP PAC.—Section 3 of the Lobbying 

20 Disclosure Act of 1995 (2 U.S.C. 1602) is amended by 

21 adding at the end the following: 

22 ‘‘(17) LEADERSHIP PAC.—The term ‘leadership 

23 PAC’ means an unauthorized multicandidate polit24 ical committee that is established, financed, main-
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1 tained, and controlled by an individual who is a Fed2 eral officeholder or a candidate for Federal office.’’. 

3 (c) FULL AND DETAILED ACCOUNTING.—Section 

4 5(c)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 

5 1604(c)(1)) is amended by striking ‘‘shall be rounded to 

6 the nearest $20,000’’ and inserting ‘‘shall be rounded to 

7 the nearest $1,000’’. 

8 (d) NOTIFICATION OF MEMBERS.—Section 6 of the 

9 Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is 

10 amended in paragraph (2) by striking ‘‘review, and, where 

11 necessary’’ and inserting ‘‘review and— 

12 ‘‘(A) if a report states (under section 

13 5(b)(9) or otherwise) that a Member of Con14 gress was contacted, immediately notify that 

15 Member of that report; and 

16 ‘‘(B) where necessary,’’. 

17 SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE 

18 GRASSROOTS LOBBYING. 

19 (a) DISCLOSURE OF PAID EFFORTS TO STIMULATE

20 GRASSROOTS LOBBYING.—Section 3 of the Lobbying Dis21 closure Act of 1995 (2 U.S.C. 1602) is amended— 

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

23 following: ‘‘Lobbying activities include paid efforts to 

24 stimulate grassroots lobbying, but do not include 

25 grassroots lobbying.’’; and 
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1 (2) by adding at the end the following: 

2 ‘‘(18) GRASSROOTS LOBBYING.—The term 

3 ‘grassroots lobbying’ means the voluntary efforts of 

4 members of the general public to communicate their 

5 own views on an issue to Federal officials or to en6 courage other members of the general public to do 

7 the same. 

8 ‘‘(19) PAID EFFORTS TO STIMULATE GRASS9 ROOTS LOBBYING.—The term ‘paid efforts to stimu10 late grassroots lobbying’— 

11 ‘‘(A) means any paid attempt to influence 

12 the general public, or segments thereof, to en13 gage in grassroots lobbying or lobbying con14 tacts; and 

15 ‘‘(B) does not include any attempt de16 scribed in subparagraph (A) by a person or en17 tity directed to its members, employees, officers 

18 or shareholders, unless such attempt is financed 

19 with funds directly or indirectly received from 

20 or arranged by a lobbyist or other registrant 

21 under this Act retained by another person or 

22 entity. 

23 ‘‘(20) GRASSROOTS LOBBYING FIRM.—The term 

24 ‘grassroots lobbying firm’ means a person or entity 

25 that— 
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1 ‘‘(A) is retained by 1 or more clients to en2 gage in paid efforts to stimulate grassroots lob3 bying on behalf of such clients; and 

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

5 agrees to spend, an aggregate of $50,000 or 

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

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

8 U.S.C. 1603(a)) is amended— 

9 (1) in paragraph (1), by striking ‘‘45’’ and in10 serting ‘‘20’’; 

11 (2) in the flush matter at the end of paragraph 

12 (3)(A)— 

13 (A) by striking ‘‘as estimated’’ and insert14 ing ‘‘as included’’; and 

15 (B) by adding at the end the following: 

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

17 ‘lobbying activities’ shall not include paid ef18 forts to stimulate grassroots lobbying.’’; 

19 (3) by redesignating paragraph (3) as para20 graph (4); and 

21 (4) by inserting after paragraph (2) the fol22 lowing: 

23 ‘‘(3) GRASSROOTS LOBBYING FIRMS.—Not later 

24 than 20 days after a grassroots lobbying firm first 

25 is retained by a client to engage in paid efforts to 
21 

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1 stimulate grassroots lobbying, such grassroots lob2 bying firm shall register with the Secretary of the 

3 Senate and the Clerk of the House of Representa4 tives.’’. 

5 (c) SEPARATE ITEMIZATION OF PAID EFFORTS TO

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

7 Act (2 U.S.C. 1604(b)) is amended— 

8 (1) in paragraph (3), by— 

9 (A) inserting after ‘‘total amount of all in10 come’’ the following: ‘‘(including a separate 

11 good faith estimate of the total amount relating 

12 specifically to paid efforts to stimulate grass13 roots lobbying and, within that amount, a good 

14 faith estimate of the total amount specifically 

15 relating to paid advertising)’’; and 

16 (B) striking ‘‘and’’ after the semicolon; 

17 (2) in paragraph (4), by— 

18 (A) inserting after ‘‘total expenses’’ the 

19 following: ‘‘(including a good faith estimate of 

20 the total amount relating specifically to paid ef21 forts to stimulate grassroots lobbying and, with22 in that total amount, a good faith estimate of 

23 the total amount specifically relating to paid 

24 advertising)’’; and 
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1 (B) striking the period and inserting a 

2 semicolon; 

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

4 ‘‘(5) in the case of a grassroots lobbying firm, 

5 for each client— 

6 ‘‘(A) a good faith estimate of the total dis7 bursements made for grassroots lobbying activi8 ties, and a subtotal for disbursements made for 

9 grassroots lobbying through paid advertising; 

10 ‘‘(B) identification of each person or entity 

11 other than an employee who received a dis12 bursement of funds for grassroots lobbying ac13 tivities of $10,000 or more during the period 

14 and the total amount each person or entity re15 ceived; and 

16 ‘‘(C) if such disbursements are made 

17 through a person or entity who serves as an 

18 intermediary or conduit, identification of each 

19 such intermediary or conduit, identification of 

20 the person or entity who receives the funds, and 

21 the total amount each such person or entity re22 ceived.’’; and 

23 (4) by adding at the end the following: 
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1 ‘‘Subparagraphs (B) and (C) of paragraph (2) shall not 

2 apply with respect to reports relating to paid efforts to 

3 stimulate grassroots lobbying activities.’’. 

4 (d) LARGE GRASSROOTS EXPENDITURE.—Section 

5 5(a) of the Act (2 U.S.C. 1604(a)) is amended— 

6 (1) by striking ‘‘No later’’ and inserting: 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), not later’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) LARGE GRASSROOTS EXPENDITURE.—A 

11 registrant that is a grassroots lobbying firm and 

12 that receives income of, or spends or agrees to 

13 spend, an aggregate amount of $250,000 or more on 

14 paid efforts to stimulate grassroots lobbying for a 

15 client, or for a group of clients for a joint effort, 

16 shall file— 

17 ‘‘(A) a report under this section not later 

18 than 20 days after receiving, spending, or 

19 agreeing to spend that amount; and 

20 ‘‘(B) an additional report not later than 20 

21 days after each time such registrant receives in22 come of, or spends or agrees to spend, an ag23 gregate amount of $250,000 or more on paid 

24 efforts to stimulate grassroots lobbying for a 
24 

•HR 4682 IH 

1 client, or for a group of clients for a joint ef2 fort.’’. 

3 SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CER4 TAIN COALITIONS AND ASSOCIATIONS. 

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

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

7 amended to read as follows: 

8 ‘‘(2) CLIENT.— 

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

10 means any person or entity that employs or re11 tains another person for financial or other com12 pensation to conduct lobbying activities on be13 half of that person or entity. A person or entity 

14 whose employees act as lobbyists on its own be15 half is both a client and an employer of such 

16 employees. 

17 ‘‘(B) TREATMENT OF COALITIONS AND AS18 SOCIATIONS.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clauses (ii) and (iii), in the case 

21 of a coalition or association that employs 

22 or retains other persons to conduct lob23 bying activities, each of the individual 

24 members of the coalition or association 

25 (and not the coalition or association) is the 
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1 client. For purposes of section 4(a)(3), the 

2 preceding sentence shall not apply, and the 

3 coalition or association shall be treated as 

4 the client. 

5 ‘‘(ii) EXCEPTION FOR CERTAIN TAX6 EXEMPT ASSOCIATIONS.—In case of an as7 sociation— 

8 ‘‘(I) which is described in para9 graph (3) of section 501(c) of the In10 ternal Revenue Code of 1986 and ex11 empt from tax under section 501(a) of 

12 such Code, or 

13 ‘‘(II) which is described in any 

14 other paragraph of section 501(c) of 

15 the Internal Revenue Code of 1986 

16 and exempt from tax under section 

17 501(a) of such Code and which has 

18 substantial exempt activities other 

19 than lobbying with respect to the spe20 cific issue for which it engaged the 

21 person filing the registration state22 ment under section 4, 

23 the association (and not its members) shall 

24 be treated as the client. 
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1 ‘‘(iii) EXCEPTION FOR CERTAIN MEM2 BERS.— 

3 ‘‘(I) IN GENERAL.—Information 

4 on a member of a coalition or associa5 tion need not be included in any reg6 istration under section 4 if the 

7 amount reasonably expected to be con8 tributed by such member toward the 

9 activities of the coalition or associa10 tion of influencing legislation is less 

11 than $500 per any quarterly period. 

12 ‘‘(II) EXCEPTION.—Subclause (I) 

13 shall not apply with respect to any 

14 member who unexpectedly makes ag15 gregate contributions of more than 

16 $500 in any quarterly period, and the 

17 date the aggregate of such contribu18 tions first exceeds $500 in such period 

19 shall be treated as the date of first 

20 employment or retention to make a 

21 lobbying contact for purposes of sec22 tion 4. 

23 ‘‘(III) NO DONOR OR MEMBER24 SHIP LIST DISCLOSURE.—No disclo25 sure is required under this Act if it is 
27 

•HR 4682 IH 

1 publicly available knowledge that the 

2 organization that would be identified 

3 is affiliated with the client or has been 

4 publicly disclosed to have provided 

5 funding to the client, unless the orga6 nization in whole or in major part 

7 plans, supervises or controls such lob8 bying activities. Nothing in this para9 graph shall be construed to require 

10 the disclosure of any information 

11 about individuals who are members of, 

12 or donors to, an entity treated as a 

13 client by this Act or an organization 

14 identified under this paragraph.’’. 

15 ‘‘(iv) LOOK-THRU RULES.—In the 

16 case of a coalition or association which is 

17 treated as a client under the first sentence 

18 of clause (i)— 

19 ‘‘(I) such coalition or association 

20 shall be treated as employing or re21 taining other persons to conduct lob22 bying activities for purposes of deter23 mining whether any individual mem24 ber thereof is treated as a client under 

25 clause (i), and 
28 

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1 ‘‘(II) information on such coali2 tion or association need not be in3 cluded in any registration under sec4 tion 4 of the coalition or association 

5 with respect to which it is treated as 

6 a client under clause (i).’’. 

7 (b) EFFECTIVE DATE.— 

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

9 this section shall apply to— 

10 (A) coalitions and associations listed on 

11 registration statements filed under section 4 of 

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

13 1603) after the date of the enactment of this 

14 Act, and 

15 (B) coalitions and associations for whom 

16 any lobbying contact is made after the date of 

17 the enactment of this Act. 

18 (2) SPECIAL RULE.—In the case of any coali19 tion or association to which the amendments made 

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

21 person required by such section 4 to file a registra22 tion statement with respect to such coalition or asso23 ciation shall file a new registration statement within 

24 30 days after the date of the enactment of this Act. 
29 

•HR 4682 IH 

1 SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF 

2 PAST EXECUTIVE AND CONGRESSIONAL EM3 PLOYMENT. 

4 Section 4(b)(6) of the Lobbying Disclosure Act of 

5 1995 (2 U.S.C. 1603(b)(6)) is amended by striking ‘‘or 

6 a covered legislative branch official’’ and all that follows 

7 through ‘‘as a lobbyist on behalf of the client,’’ and insert8 ing ‘‘or a covered legislative branch official,’’. 

9 SEC. 207. PUBLIC DATABASE OF LOBBYING DISCLOSURE IN10 FORMATION. 

11 (a) DATABASE REQUIRED.—Section 6 of the Lob12 bying Disclosure Act of 1995 (2 U.S.C. 1605) is further 

13 amended— 

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

15 end; 

16 (2) in paragraph (8) by striking the period at 

17 the end and inserting ‘‘; and’’; and 

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

19 paragraph: 

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

21 over the Internet, without a fee or other access 

22 charge, in a searchable, sortable, and downloadable 

23 manner, an electronic database that— 

24 ‘‘(A) includes the information contained in 

25 registrations and reports filed under this Act; 
30 

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1 ‘‘(B) directly links the information it con2 tains to the information disclosed in reports 

3 filed with the Federal Election Commission 

4 under section 304 of the Federal Election Cam5 paign Act of 1971 (2 U.S.C. 434); and 

6 ‘‘(C) is searchable and sortable to the max7 imum extent practicable, including searchable 

8 and sortable by each of the categories of infor9 mation described in section 4(b) or 5(b).’’. 

10 (b) AVAILABILITY OF REPORTS.—Section 6 of such 

11 Act is further amended in paragraph (4) by inserting be12 fore the semicolon at the end the following: ‘‘and, in the 

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

14 5(d), shall make such report available for public inspection 

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

16 is so filed’’. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as may be 

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

20 Act, as added by subsection (a). 

21 SEC. 208. CONFORMING AMENDMENT. 

22 The requirements of this Act shall not apply to the 

23 activities of any political committee described in section 

24 301(4) of the Federal Election Campaign Act of 1971. 
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1 TITLE III—RESTRICTING CON2 GRESSIONAL TRAVEL AND 

3 GIFTS 

4 SEC. 301. BAN ON GIFTS FROM LOBBYISTS. 

5 (a) IN GENERAL.—Clause 5(a)(1)(A) of rule XXV of 

6 the Rules of the House of Representatives is amended by 

7 inserting ‘‘(i)’’ after ‘‘(A)’’ and adding at the end the fol8 lowing: 

9 ‘‘(ii) A Member, Delegate, Resident Commissioner, 

10 officer, or employee of the House may not knowingly ac11 cept a gift from a registered lobbyist or agent of a foreign 

12 principal or from a nongovernmental organization that re13 tains or employs registered lobbyists or agents of a foreign 

14 principal except as provided in subparagraphs (2)(B) or 

15 (3) of this paragraph.’’. 

16 (b) RULES COMMITTEE REVIEW.—The Committee 

17 on Rules shall review the present exceptions to the House 

18 gift rule and make recommendations to the House not 

19 later than 3 months after the date of enactment of this 

20 Act on eliminating all but those which are absolutely nec21 essary to effectuate the purpose of the rule. 

22 SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL. 

23 Clause 5(b)(1)(A) of rule XXV of the Rules of the 

24 House of Representatives is amended by inserting ‘‘or 

25 from a nongovernmental organization that retains or em-
32 

•HR 4682 IH 

1 ploys registered lobbyists or agents of a foreign principal’’ 

2 after ‘‘foreign principal’’. 

3 SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND 

4 PARTICIPATION IN CONGRESSIONAL TRAVEL. 

5 (a) IN GENERAL.—Clause 5 of rule XXV of the Rules 

6 of the House of Representatives is amended by redesig7 nating paragraphs (e) and (f) as paragraphs (g) and (h), 

8 respectively, and by inserting after paragraph (d) the fol9 lowing: 

10 ‘‘(e) A Member, Delegate, Resident Commissioner, 

11 officer, or employee of the House may not accept transpor12 tation or lodging on any trip that is planned, organized, 

13 requested, arranged, or financed in whole or in part by 

14 a lobbyist or agent of a foreign principal, or in which a 

15 lobbyist participates. 

16 ‘‘(f) Before a Member, Delegate, Resident Commis17 sioner, officer, or employee of the House may accept trans18 portation or lodging otherwise permissible under this para19 graph from any person, such individual shall obtain 30 

20 days before such trip a written certification from such per21 son (and provide a copy of such certification to the Com22 mittee on Standards of Official Conduct) that— 

23 ‘‘(1) the trip was not planned, organized, re24 quested, arranged, or financed in whole, or in part 

25 by a registered lobbyist or agent of a foreign prin-
33 

•HR 4682 IH 

1 cipal and was not organized at the request of a reg2 istered lobbyist or agent of a foreign principal; 

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

4 or attend the trip; and 

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

6 source, funds specifically earmarked for the purpose 

7 of financing the travel expenses. 

8 The Committee on Standards of Official Conduct shall 

9 make public information received under this paragraph as 

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

11 (b) CONFORMING AMENDMENTS.—Clause 5(b)(3) of 

12 rule XXV of the Rules of the House of Representatives 

13 is amended— 

14 (1) by striking ‘‘of expenses reimbursed or to be 

15 reimbursed’’; 

16 (2) in subdivision (E), by striking ‘‘and’’ after 

17 the semicolon; 

18 (3) in subdivision (F), by striking the period 

19 and inserting ‘‘; and’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(G) a description of meetings and events at22 tended during such travel, except when disclosure of 

23 such information is deemed by the Member or super24 visor under whose direct supervision the employee 

25 works to jeopardize the safety of an individual or 
34 

•HR 4682 IH 

1 otherwise interfere with the official duties of the 

2 Member, Delegate, Resident Commissioner, officer, 

3 or employee.’’. 

4 (c) PUBLIC AVAILABILITY.—Subparagraph (5) of 

5 rule XXV of the Rules of the House of Representatives 

6 is amended to read as follows: 

7 ‘‘(e) The Clerk of the House shall make available to 

8 the public all advance authorizations, certifications, and 

9 disclosures filed pursuant to subparagraphs (1) and sub10 paragraph (3)(H) as soon as possible after they are re11 ceived.’’. 

12 SEC. 304. REIMBURSEMENT AND DISCLOSURE OF NON13 COMMERCIAL TRAVEL. 

14 (a) MARKET VALUE.—Clause 5(a)(3) of rule XXV of 

15 the Rules of the House of Representatives is amended by 

16 inserting ‘‘(i)’’ after ‘‘(A)’’ and by adding at the end the 

17 following: 

18 ‘‘(ii) Market value for a flight on an airplane 

19 that is not licensed by the Federal Aviation Adminis20 tration to operate for compensation or hire, taken in 

21 connection with the official duties of a Member, Del22 egate, Resident Commissioner, officer, or employee, 

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

24 The Committee on Standards of Official Conduct 
35 

•HR 4682 IH 

1 shall make public information received under this 

2 item as soon as possible after it is received.’’. 

3 (b) DISCLOSURE.—Clause 5 of rule XXV of the Rules 

4 of the House of Representatives is amended by adding at 

5 the end the following: 

6 ‘‘(g) A Member, Delegate, Resident Commissioner, 

7 officer, or employee of the House who takes a flight de8 scribed in paragraph (a)(3)(A)(ii) shall, with respect to 

9 the flight, cause to be published in the Congressional 

10 Record within 10 days after the flight— 

11 ‘‘(1) the name of the owner or lessee of the air12 craft; 

13 ‘‘(2) the date of the flight; 

14 ‘‘(3) the destination of the flight; 

15 ‘‘(4) who else was on the flight, other than 

16 those operating the plane; 

17 ‘‘(5) the purpose of the trip; and 

18 ‘‘(6) the reason that a commercial airline was 

19 not used.’’. 

20 SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAV21 EL. 

22 Rule XXV of the Rules of the House of Representa23 tives (as amended by section 304(b) is further amended 

24 by adding at the end the following: 
36 

•HR 4682 IH 

1 ‘‘(h) Not later than 90 days after the date of adoption 

2 of this paragraph and at annual intervals thereafter, the 

3 Committee on House Administration shall develop and re4 vise, as necessary, guidelines on what constitutes ‘reason5 able expenses’ or ‘reasonable expenditures’ for purposes 

6 of this rule. In developing and revising the guidelines, the 

7 committee shall take into account the maximum per diem 

8 rates for official Government travel published annually by 

9 the General Services Administration, the Department of 

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

11 TITLE IV—ENFORCEMENT OF 

12 LOBBYING RESTRICTIONS 

13 SEC. 401. OFFICE OF PUBLIC INTEGRITY. 

14 (a) ESTABLISHMENT.—There is established within 

15 the Office of Inspector General of the House of Represent16 atives an office to be known as the ‘‘Office of Public Integ17 rity’’ (referred to in this section as the ‘‘Office’’), which 

18 shall be headed by a Director of Public Integrity (herein19 after referred to as the ‘‘Director’’). 

20 (b) OFFICE.—The Office shall have access to all lob21 byists’ disclosure information received by the Clerk under 

22 the Lobbying Disclosure Act of 1995 and conduct such 

23 audits and investigations as are necessary to ensure com24 pliance with the Act. 
37 

•HR 4682 IH 

1 (c) REFERRAL AUTHORITY.—The Office shall have 

2 authority to refer violations of the Lobbying Disclosure 

3 Act of 1995 to the Committee on Standards of Official 

4 Conduct and the Department of Justice for disciplinary 

5 action, as appropriate. 

6 (d) DIRECTOR.— 

7 (1) IN GENERAL.—The Director shall be ap8 pointed by the Inspector General of the House. Any 

9 appointment made under this subsection shall be 

10 made without regard to political affiliation and solely 

11 on the basis of fitness to perform the duties of the 

12 position. Any person appointed as Director shall be 

13 learned in the law, a member of the bar of a State 

14 or the District of Columbia, and shall not engage in 

15 any other business, vocation, or employment during 

16 the term of such appointment. 

17 (2) STAFF.—The Director shall hire such addi18 tional staff as are required to carry out this section, 

19 including investigators and accountants. 

20 (e) AUDITS AND INVESTIGATIONS.— 

21 (1) IN GENERAL.—The Office shall audit lob22 bying registrations and reports filed pursuant to the 

23 Lobbying Disclosure Act of 1995 to determine the 

24 extent of compliance or non-compliance with the re-
38 

•HR 4682 IH 

1 quirements of such Act by lobbyists and their cli2 ents. 

3 (2) EVIDENCE OF NON-COMPLIANCE.—If in the 

4 course an audit conducted pursuant to the require5 ments of paragraph (1), the Office obtains informa6 tion indicating that a person or entity may be in 

7 non-compliance with the requirements of the Lob8 bying Disclosure Act of 1995, the Office shall refer 

9 the matter to the United States Attorney for the 

10 District of Columbia. 

11 (f) CONFORMING AMENDMENT.—Section 8 of the 

12 Lobbying Disclosure Act of 1995 (2 U.S.C. 1607) is 

13 amended by striking subsection (c). 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated in a separate account 

16 such sums as are necessary to carry out this section. 

17 SEC. 402. INCREASED CIVIL AND CRIMINAL PENALTIES FOR 

18 FAILURE TO COMPLY WITH LOBBYING DIS19 CLOSURE REQUIREMENTS. 

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

21 U.S.C. 1606) is amended— 

22 (1) by inserting ‘‘ (a) CIVIL PENALTY.—’’ be23 fore ‘‘Whoever’’; 

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

25 ‘‘$100,000’’; and 
39 

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

2 ‘‘(b) CRIMINAL PENALTY.— 

3 ‘‘(1) IN GENERAL.—Whoever knowingly and 

4 wilfully fails to comply with any provision of this 

5 section shall be imprisoned for not more than 5 

6 years, or fined under title 18, United States Code, 

7 or both. 

8 ‘‘(2) CORRUPTLY.—Whoever knowingly, 

9 wilfully, and corruptly fails to comply with any pro10 vision of this section shall be imprisoned for not 

11 more than 10 years, or fined under title 18, United 

12 States Code, or both.’’. 

13 SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNEC14 TION WITH CONGRESSIONAL TRAVEL. 

15 (a) CIVIL FINE.— 

16 (1) IN GENERAL.—Whoever makes a false cer17 tification in connection with the travel of a Member, 

18 officer, or employee of either House of Congress 

19 (within the meaning given those terms in section 

20 207 of title 18, United States Code), under clause 

21 5 of rule XXV of the Rules of the House of Rep22 resentatives, shall, upon proof of such offense by a 

23 preponderance of the evidence, be subject to a civil 

24 fine depending on the extent and gravity of the vio25 lation. 
40 

•HR 4682 IH 

1 (2) MAXIMUM FINE.—The maximum fine per 

2 offense under this section depends on the number of 

3 separate trips in connection with which the person 

4 committed an offense under this subsection, as fol5 lows: 

6 (A) FIRST TRIP.—For each offense com7 mitted in connection with the first such trip, 

8 the amount of the fine shall be not more than 

9 $100,000 per offense. 

10 (B) SECOND TRIP.—For each offense com11 mitted in connection with the second such trip, 

12 the amount of the fine shall be not more than 

13 $300,000 per offense. 

14 (C) ANY OTHER TRIPS.—For each offense 

15 committed in connection with any such trip 

16 after the second, the amount of the fine shall 

17 be not more than $500,000 per offense. 

18 (3) ENFORCEMENT.—The Attorney General 

19 may bring an action in United States district court 

20 to enforce this subsection. 

21 (b) CRIMINAL PENALTY.— 

22 (1) IN GENERAL.—Whoever knowingly and 

23 wilfully fails to comply with any provision of this 

24 section shall be imprisoned for not more than 5 
41 

•HR 4682 IH 

1 years, or fined under title 18, United States Code, 

2 or both. 

3 (2) CORRUPTLY.—Whoever knowingly, wilfully, 

4 and corruptly fails to comply with any provision of 

5 this section shall be imprisoned for not more than 

6 10 years, or fined under title 18, United States 

7 Code, or both. 

8 SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR 

9 HOUSE EMPLOYEES. 

10 (a) ETHICS TRAINING.— 

11 (1) IN GENERAL.—The Committee on Stand12 ards of Official Conduct shall provide annual ethics 

13 training to each employee of the House which shall 

14 include knowledge of the Official Code of Conduct 

15 and related House rules. 

16 (2) NEW EMPLOYEES.—A new employee of the 

17 House shall receive training under this section not 

18 later than 60 days after beginning service to the 

19 House. 

20 (b) CERTIFICATION.—Not later than January 31 of 

21 each year, each employee of the House shall file a certifi22 cation with the Committee on Standards of Official Con23 duct that the employee attended ethics training in the last 

24 year as established by this section. 
42 

•HR 4682 IH 

1 TITLE V—OPEN GOVERNMENT 

2 SEC. 501. FISCAL RESPONSIBILITY. 

3 (a) RECONCILIATION.—Clause 10 of rule XVIII of 

4 the Rules of the House of Representatives is amended by 

5 adding at the end the following new paragraph: 

6 ‘‘(d) It shall not be in order to consider any reconcili7 ation legislation which has the net effect of reducing the 

8 surplus or increasing the deficit compared to the most re9 cent Congressional Budget Office estimate for any fiscal 

10 year.’’. 

11 (b) APPLICATION OF POINTS OF ORDER UNDER

12 CONGRESSIONAL BUDGET ACT TO ALL BILLS AND JOINT

13 RESOLUTIONS CONSIDERED UNDER SPECIAL ORDERS OF

14 BUSINESS.—Rule XXI of the Rules of the House of Rep15 resentatives is amended by adding at the end the following 

16 new clause: 

17 ‘‘7. For purposes of applying section 315 of the Con18 gressional Budget and Impoundment Control Act of 1974, 

19 the term ‘as reported’ under such section shall be consid20 ered to include any bill or joint resolution considered in 

21 the House pursuant to a special order of business.’’. 

22 SEC. 502. CURBING ABUSES OF POWER. 

23 (a) LIMIT ON TIME PERMITTED FOR RECORDED

24 ELECTRONIC VOTES.—Clause 2(a) of rule XX of the 

25 Rules of the House of Representatives is amended by in-
43 

•HR 4682 IH 

1 serting after the second sentence the following sentence: 

2 ‘‘The maximum time for a record vote by electronic device 

3 shall be 20 minutes, except that the time may be extended 

4 with the consent of both the majority and minority floor 

5 managers of the legislation involved or both the majority 

6 leader and the minority leader.’’. 

7 (b) CONGRESSIONAL INTEGRITY.—Rule XXIII of the 

8 Rules of the House of Representatives (the Code of Offi9 cial Conduct) is amended— 

10 (1) by redesignating clause 14 as clause 16; 

11 and 

12 (2) by inserting after clause 13 the following 

13 new clauses: 

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

15 shall not condition the inclusion of language to provide 

16 funding for a district-oriented earmark, a particular 

17 project which will be carried out in a Member’s congres18 sional district, in any bill or joint resolution (or an accom19 panying report thereof) or in any conference report on a 

20 bill or joint resolution (including an accompanying joint 

21 statement of managers thereto) on any vote cast by the 

22 Member, Delegate, or Resident Commissioner in whose 

23 Congressional district the project will be carried out. 

24 ‘‘15. (a) A Member, Delegate, or Resident Commis25 sioner who advocates to include a district-oriented ear-
44 

•HR 4682 IH 

1 mark in any bill or joint resolution (or an accompanying 

2 report) or in any conference report on a bill or joint resolu3 tion (including an accompanying joint statement of man4 agers thereto) shall disclose in writing to the chairman 

5 and ranking member of the relevant committee (and in 

6 the case of the Committee on Appropriations to the chair7 man and ranking member of the full committee and of 

8 the relevant subcommittee)— 

9 ‘‘(1) the name of the Member, Delegate, or 

10 Resident Commissioner; 

11 ‘‘(2) the name and address of the intended re12 cipient of such earmark; 

13 ‘‘(3) the purpose of such earmark; and 

14 ‘‘(4) whether the Member, Delegate, or Resi15 dent Commissioner has a financial interest in such 

16 earmark. 

17 ‘‘(b) Each committee shall make available to the gen18 eral public the information transmitted to the committee 

19 under paragraph (a) for any earmark included in any 

20 measure reported by the committee or conference report 

21 filed by the chairman of the committee or any sub22 committee thereof. 

23 ‘‘(c) The Joint Committee on Taxation shall review 

24 any revenue measure or any reconciliation bill or joint res25 olution which includes revenue provisions before it is re-
45 

•HR 4682 IH 

1 ported by a committee and before it is filed by a committee 

2 of conference of the two Houses, and shall identify wheth3 er such bill or joint resolution contains any limited tax 

4 benefits. The Joint Committee on Taxation shall prepare 

5 a statement identifying any such limited tax benefits, stat6 ing who the beneficiaries are of such benefits, and any 

7 substantially similar introduced measures and the spon8 sors of such measures. Any such statement shall be made 

9 available to the general public by the Joint Committee on 

10 Taxation.’’. 

11 (c) RESTRICTIONS ON REPORTING CERTAIN

12 RULES.—Clause 6(c) of rule XIII of the Rules of the 

13 House of Representatives is amended— 

14 (1) by striking ‘‘or’’ at the end of subparagraph 

15 (1); 

16 (2) by striking the period at the end of sub17 paragraph (2) and inserting a semicolon; and 

18 (3) by adding at the end the following new sub19 paragraphs: 

20 ‘‘(3) a rule or order for consideration of a bill 

21 or joint resolution reported by a committee that 

22 makes in order as original text for purposes of 

23 amendment, text which differs from such bill or joint 

24 resolution as recommended by such committee to be 

25 amended unless the rule or order also makes in 
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1 order as preferential a motion to amend that is nei2 ther divisible nor amendable but, if adopted will be 

3 considered original text for purposes of amendment, 

4 if requested by the chairman or ranking minority 

5 member of the reporting committee, and such rule 

6 or order shall waive all necessary points of order 

7 against that amendment only if it restores all or 

8 part of the text of the bill or joint resolution as rec9 ommended by such committee or strikes some or all 

10 of the original text inserted by the Committee on 

11 Rules that was not contained in the recommended 

12 version; 

13 ‘‘(4) a rule or order that waives any points of 

14 order against consideration of a bill or joint resolu15 tion, against provisions in the measure, or against 

16 consideration of amendments recommended by the 

17 reporting committee unless the rule or order makes 

18 in order and waives the same points of order against 

19 one germane amendment if requested by the minor20 ity leader or a designee; 

21 ‘‘(5) a rule or order that waives clause 10(d) of 

22 rule XVIII, unless the majority leader and minority 

23 leader each agree to the waiver and a question of 

24 consideration of the rule is adopted by a vote of two- 
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1 thirds of the Members voting, a quorum being 

2 present; or 

3 ‘‘(6) a rule or order that waives clause 12(a) of 

4 rule XXII.’’. 

5 SEC. 503. ENDING 2-DAY WORK WEEKS. 

6 Rule XV of the Rules of the House of Representatives 

7 is amended by adding at the end the following new clause: 

8 ‘‘8. It shall not be in order to consider a resolution 

9 providing for adjournment sine die unless, during at least 

10 20 weeks of the session, a quorum call or recorded vote 

11 was taken on at least 4 of the weekdays (excluding legal 

12 public holidays).’’. 

13 SEC. 504. KNOWING WHAT THE HOUSE IS VOTING ON. 

14 (a) BILLS AND JOINT RESOLUTIONS.— 

15 (1) IN GENERAL.—Rule XIII of the Rules of 

16 the House of Representatives is amended by adding 

17 at the end the following new clause: 

18 ‘‘8. Except for motions to suspend the rules and con19 sider legislation, it shall not be in order to consider in the 

20 House a bill or joint resolution until 24 hours after or, 

21 in the case of a bill or joint resolution containing a dis22 trict-oriented earmark or limited tax benefit, until 3 days 

23 after copies of such bill or joint resolution (and, if the bill 

24 or joint resolution is reported, copies of the accompanying 

25 report) are available (excluding Saturdays, Sundays, or 
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1 legal holidays except when the House is in session on such 

2 a day).’’. 

3 (2) PROHIBITING WAIVER.—Clause 6(c) of rule 

4 XIII of the Rules of the House of Representatives, 

5 as amended by section 3(a), is further amended— 

6 (A) by striking ‘‘or’’ at the end of subpara7 graph (5); 

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

9 subparagraph (6) and inserting ‘‘; or’’; and 

10 (C) by adding at the end the following new 

11 subparagraph: 

12 ‘‘(7) a rule or order that waives clause 8 of rule 

13 XIII or clause 8(a)(1)(B) of rule XXII, unless a 

14 question of consideration of the rule is adopted by 

15 a vote of two-thirds of the Members voting, a 

16 quorum being present.’’. 

17 (b) CONFERENCE REPORTS.—Clause 8(a)(1)(B) of 

18 rule XXII of the Rules of the House of Representatives 

19 is amended by striking ‘‘2 hours‘‘ and inserting ‘‘24 hours 

20 or, in the case of a conference report containing a district21 oriented earmark or limited tax benefit, until 3 days 

22 after’’. 

23 SEC. 505. FULL AND OPEN DEBATE IN CONFERENCE. 

24 (a) NUMBERED AMENDMENTS.—Clause 1 of rule 

25 XXII of the Rules of the House of Representatives is 
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1 amended by adding at the end the following new sentence: 

2 ‘‘A motion to request or agree to a conference on a general 

3 appropriation bill is in order only if the House expresses 

4 its disagreements with the House in the form of numbered 

5 amendments.’’. 

6 (b) PROMOTING OPENNESS IN DELIBERATIONS OF

7 MANAGERS.—Clause 12(a) of rule XXII of the Rules of 

8 the House of Representatives is amended by adding at the 

9 end the following new subparagraph: 

10 ‘‘(3) All provisions on which the two Houses disagree 

11 shall be open to discussion at any meeting of a conference 

12 committee. The text which reflects the conferees’ action 

13 on all of the differences between the two Houses, including 

14 all matter to be included in the conference report and any 

15 amendments in disagreement, shall be available to any of 

16 the managers at least one such meeting, and shall be ap17 proved by a recorded vote of a majority of the House man18 agers. Such text and, with respect to such vote, the total 

19 number of votes cast for and against, and the names of 

20 members voting for and against, shall be included in the 

21 joint explanatory statement of managers accompanying 

22 the conference report of such conference committee.’’. 

23 (c) POINT OF ORDER AGAINST CONSIDERATION OF

24 CONFERENCE REPORT NOT REFLECTING RESOLUTION

25 OF DIFFERENCES AS APPROVED.— 
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1 (1) IN GENERAL.—Rule XXII of the Rules of 

2 the House of Representatives is amended by adding 

3 at the end the following new clause: 

4 ‘‘13. It shall not be in order to consider a conference 

5 report the text of which differs in any material way from 

6 the text which reflects the conferees’ action on all of the 

7 differences between the two Houses, as approved by a re8 corded vote of a majority of the House managers as re9 quired under clause 12(a).’’. 

10 (2) PROHIBITING WAIVER.—Clause 6(c)(6) of 

11 rule XIII of the Rules of the House of Representa12 tives, as added by section 3(c)(3), is further amend13 ed by striking ‘‘clause 12(a)’’ and inserting ‘‘clause 

14 12(a) or clause 13’’. 

15 TITLE VI—ANTI-CRONYISM AND 

16 PUBLIC SAFETY 

17 SEC. 601. MINIMUM REQUIREMENTS FOR POLITICAL AP18 POINTEES HOLDING PUBLIC SAFETY POSI19 TIONS. 

20 (a) IN GENERAL.—A public safety position may not 

21 be held by any political appointee who does not meet the 

22 requirements of subsection (b). 

23 (b) MINIMUM REQUIREMENTS.—An individual shall 

24 not, with respect to any position, be considered to meet 
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1 the requirements of this subsection unless such indi2 vidual— 

3 (1) has academic, management, and leadership 

4 credentials in one or more areas relevant to such po5 sition; 

6 (2) has a superior record of achievement in one 

7 or more areas relevant to such position; 

8 (3) has training and expertise in one or more 

9 areas relevant to such position; and 

10 (4) has not, within the 2-year period ending on 

11 the date of such individual’s nomination for or ap12 pointment to such position, been a lobbyist for any 

13 entity or other client that is subject to the authority 

14 of the agency within which, if appointed, such indi15 vidual would serve. 

16 (c) POLITICAL APPOINTEE.—For purposes of this 

17 section, the term ‘‘political appointee’’ means any indi18 vidual who— 

19 (1) is employed in a position listed in sections 

20 5312 through 5316 of title 5, United States Code 

21 (relating to the Executive Schedule); 

22 (2) is a limited term appointee, limited emer23 gency appointee, or noncareer appointee in the Sen24 ior Executive Service; or 
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1 (3) is employed in the executive branch of the 

2 Government in a position which has been excepted 

3 from the competitive service by reason of its policy4 determining, policy-making, or policy-advocating 

5 character. 

6 (d) PUBLIC SAFETY POSITION.—For purposes of this 

7 section, the term ‘‘public safety position’’ means— 

8 (1) the Under Secretary for Emergency Pre9 paredness and Response, Department of Homeland 

10 Security; 

11 (2) the Director of the Federal Emergency 

12 Management Agency, Department of Homeland Se13 curity; 

14 (3) each regional director of the Federal Emer15 gency Management Agency, Department of Home16 land Security; 

17 (4) the Recovery Division Director of the Fed18 eral Emergency Management Agency, Department 

19 of Homeland Security; 

20 (5) the Assistant Secretary for Immigration 

21 and Customs Enforcement, Department of Home22 land Security; 

23 (6) the Assistant Secretary for Public Health 

24 Emergency Preparedness, Department of Health 

25 and Human Services; 
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1 (7) the Assistant Administrator for Solid Waste 

2 and Emergency Response, Environmental Protection 

3 Agency; and 

4 (8) any position (not otherwise identified under 

5 any of the preceding provisions of this subsection) a 

6 primary function of which involves responding to a 

7 direct threat to life or property or a hazard to 

8 health, as identified by the head of each employing 

9 agency in consultation with the Office of Personnel 

10 Management. 

11 Beginning not later than 30 days after the date of the 

12 enactment of this Act, the head of each agency shall main13 tain on such agency’s public website a current list of all 

14 public safety positions within such agency. 

15 (e) COORDINATION WITH OTHER REQUIREMENTS.— 

16 The requirements set forth in subsection (b) shall be in 

17 addition to, and not in lieu of, any requirements that 

18 might otherwise apply with respect to any particular posi19 tion. 

20 (f) DEFINITIONS.—For purposes of this section— 

21 (1) the term ‘‘agency’’ means an Executive 

22 agency (as defined by section 105 of title 5, United 

23 States Code); 

24 (2) the terms ‘‘limited term appointee’’, ‘‘lim25 ited emergency appointee’’, and ‘‘noncareer ap-
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1 pointee’’ have the respective meanings given them by 

2 section 3132 of such title 5; 

3 (3) the term ‘‘Senior Executive Service’’ has the 

4 meaning given such term by section 2101a of such 

5 title 5; 

6 (4) the term ‘‘competitive service’’ has the 

7 meaning given such term by section 2102 of such 

8 title 5; and 

9 (5) the terms ‘‘lobbyist’’ and ‘‘client’’ have the 

10 respective meanings given them by section 3 of the 

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

12 SEC. 602. EFFECTIVE DATE. 

13 This title shall apply with respect to any appointment 

14 made after the end of the 30-day period beginning on the 

15 date of the enactment of this Act. 

16 TITLE VII—ZERO TOLERANCE 

17 FOR CONTRACT CHEATERS 

18 SEC. 701. PUBLIC AVAILABILITY OF FEDERAL CONTRACT 

19 AWARDS. 

20 (a) AMENDMENT.—The Office of Federal Procure21 ment Policy Act (41 U.S.C. 403 et seq.) is amended by 

22 inserting after section 19 the following new section: 
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1 ‘‘SEC. 19A. PUBLIC AVAILABILITY OF CONTRACT AWARD IN2 FORMATION. 

3 ‘‘Not later than 14 days after the award of a contract 

4 by an executive agency, the head of the executive agency 

5 shall make publicly available, including by posting on the 

6 Internet in a searchable database, the following informa7 tion with respect to the contract: 

8 ‘‘(1) The name and address of the contractor. 

9 ‘‘(2) The date of award of the contract. 

10 ‘‘(3) The number of offers received in response 

11 to the solicitation. 

12 ‘‘(4) The total amount of the contract. 

13 ‘‘(5) The contract type. 

14 ‘‘(6) The items, quantities, and any stated unit 

15 price of items or services to be procured under the 

16 contract. 

17 ‘‘(7) With respect to a procurement carried out 

18 using procedures other than competitive proce19 dures— 

20 ‘‘(A) the authority for using such proce21 dures under section 303(c) of title III of the 

22 Federal Property and Administrative Services 

23 Act of 1949 (41 U.S.C. 253(c)) or section 

24 2304(c) of title 10, United States Code; and 

25 ‘‘(B) the number of sources from which 

26 bids or proposals were solicited. 
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1 ‘‘(8) The general reasons for selecting the con2 tractor.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 contained in section 1(b) of such Act is amended by insert5 ing after the item relating to section 19 the following new 

6 item: 

‘‘Sec. 19A. Public availability of contract award information.’’. 

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

8 this Act shall apply to contracts entered into more than 

9 90 days after the date of the enactment of this Act. 

10 SEC. 702. PROHIBITION ON AWARD OF MONOPOLY CON11 TRACTS. 

12 (a) CIVILIAN AGENCY CONTRACTS.— 

13 (1) Paragraph (3) of section 303H(d) of title 

14 III of the Federal Property and Administrative Serv15 ices Act of 1949 (41 U.S.C. 253h(d)) is amended to 

16 read as follows: 

17 ‘‘(3)(A) The regulations implementing this sub18 section shall prohibit the award of monopoly con19 tracts. 

20 ‘‘(B) In this subsection, the term ‘monopoly 

21 contract’ means a task or delivery order contract in 

22 an amount estimated to exceed $10,000,000 (includ23 ing all options) awarded to a single contractor. 
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1 ‘‘(C) Notwithstanding subparagraph (A), a mo2 nopoly contract may be awarded if the head of the 

3 agency determines in writing that— 

4 ‘‘(i) for one of the reasons set forth in sec5 tion 303(c), a single task or delivery order con6 tract is in the best interest of the Federal Gov7 ernment; or 

8 ‘‘(ii) the task orders expected under the 

9 contract are so integrally related that only a 

10 single contractor can reasonably perform the 

11 work.’’. 

12 (2) Section 303H(d)(1) of such Act is amended 

13 by striking ‘‘The head’’ and inserting ‘‘Subject to 

14 paragraph (3), the head’’. 

15 (3) Subsection (e) of section 303I of such Act 

16 (41 United States Code 253i) is amended to read as 

17 follows: 

18 ‘‘(e) MULTIPLE AWARDS.—Section 303H(d) applies 

19 to a task or delivery order contract for the procurement 

20 of advisory and assistance services under this section.’’. 

21 (b) DEFENSE CONTRACTS.— 

22 (1) Section 2304a(d) of title 10, United States 

23 Code, is amended by adding at the end the following 

24 new paragraph: 
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1 ‘‘(4)(A) The regulations implementing this sub2 section shall prohibit the award of monopoly con3 tracts. 

4 ‘‘(B) In this subsection, the term ‘monopoly 

5 contract’ means a task or delivery order contract in 

6 an amount estimated to exceed 10,000,000 (includ7 ing all options) awarded to a single contractor. 

8 ‘‘(C) Notwithstanding subparagraph (A), a mo9 nopoly contract may be awarded if the head of the 

10 agency determines in writing that— 

11 ‘‘(i) for one of the reasons set forth in sec12 tion 2304(c), a single task or delivery order 

13 contract is in the best interest of the Federal 

14 Government; or 

15 ‘‘(ii) the task orders expected under the 

16 contract are so integrally related that only a 

17 single contractor can reasonably perform the 

18 work.’’. 

19 (2) Section 2304a(d)(1) of such title is amend20 ed by striking ‘‘The head’’ and inserting ‘‘Subject to 

21 paragraph (4), the head’’. 

22 (3) Subsection (e) of section 2304b of such title 

23 is amended to read as follows: 

24 ‘‘(e) MULTIPLE AWARDS.—Section 2304a(d) of this 

25 title applies to a task or delivery order contract for the 
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1 procurement of advisory and assistance services under this 

2 section.’’. 

3 SEC. 703. COMPETITION IN MULTIPLE AWARD CONTRACTS. 

4 (a) EXPANSION OF APPLICABILITY TO ALL GOVERN5 MENT CONTRACTS.—Title III of the Federal Property and 

6 Administrative Services Act of 1949 (41 U.S.C. 251 et 

7 seq.) is amended by inserting after section 303M the fol8 lowing new section: 

9 ‘‘SEC. 303N. COMPETITION IN MULTIPLE AWARD CON10 TRACTS. 

11 ‘‘(a) REGULATIONS REQUIRED.—Not later than 180 

12 days after the date of the enactment of this section, the 

13 Federal Acquisition Regulation shall be revised to require 

14 competition in the purchase of goods and services by each 

15 executive agency pursuant to multiple award contracts. 

16 ‘‘(b) CONTENT OF REGULATIONS.—(1) The regula17 tions required by subsection (a) shall provide, at a min18 imum, that each individual purchase of goods or services 

19 in excess of $100,000 that is made under a multiple award 

20 contract shall be made on a competitive basis unless a con21 tracting officer of the executive agency— 

22 ‘‘(A) waives the requirement on the basis of a 

23 determination that— 
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1 ‘‘(i) one of the circumstances described in 

2 paragraphs (1) through (4) of section 303J(b) 

3 applies to such individual purchase; or 

4 ‘‘(ii) a statute expressly authorizes or re5 quires that the purchase be made from a speci6 fied source; and 

7 ‘‘(B) justifies the determination in writing. 

8 ‘‘(2) For purposes of this subsection, an individual 

9 purchase of goods or services is made on a competitive 

10 basis only if it is made pursuant to procedures that— 

11 ‘‘(A) require fair notice of the intent to make 

12 that purchase (including a description of the work to 

13 be performed and the basis on which the selection 

14 will be made) to be provided to all contractors offer15 ing such goods or services under the multiple award 

16 contract; and 

17 ‘‘(B) afford all contractors responding to the 

18 notice a fair opportunity to make an offer and have 

19 that offer fairly considered by the official making 

20 the purchase. 

21 ‘‘(3) Notwithstanding paragraph (2), notice may be 

22 provided to fewer than all contractors offering such goods 

23 or services under a multiple award contract described in 

24 subsection (c)(2)(A) if notice is provided to as many con25 tractors as practicable. 
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1 ‘‘(4) A purchase may not be made pursuant to a no2 tice that is provided to fewer than all contractors under 

3 paragraph (3) unless— 

4 ‘‘(A) offers were received from at least three 

5 qualified contractors; or 

6 ‘‘(B) a contracting officer of the executive agen7 cy determines in writing that no additional qualified 

8 contractors were able to be identified despite reason9 able efforts to do so. 

10 ‘‘(5) For purposes of paragraph (2), fair notice 

11 means notice of intent to make a purchase under a mul12 tiple award contract posted, at least 14 days before the 

13 purchase is made, on the website maintained by the Gen14 eral Services Administration known as FedBizOpps.gov 

15 (or any successor site). 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘individual purchase’ means a 

18 task order, delivery order, or other purchase. 

19 ‘‘(2) The term ‘multiple award contract’ 

20 means— 

21 ‘‘(A) a contract that is entered into by the 

22 Administrator of General Services under the 

23 multiple award schedule program referred to in 

24 section 309(b)(3); 
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1 ‘‘(B) a multiple award task order contract 

2 that is entered into under the authority of sec3 tions 2304a through 2304d of title 10, United 

4 States Code, or sections 303H through 303K; 

5 and 

6 ‘‘(C) any other indefinite delivery, indefi7 nite quantity contract that is entered into by 

8 the head of an executive agency with two or 

9 more sources pursuant to the same solicitation. 

10 ‘‘(d) APPLICABILITY.—The revisions to the Federal 

11 Acquisition Regulation pursuant to subsection (a) shall 

12 take effect not later than 180 days after the date of the 

13 enactment of this section and shall apply to all individual 

14 purchases of goods or services that are made under mul15 tiple award contracts on or after the effective date, with16 out regard to whether the multiple award contracts were 

17 entered into before, on, or after such effective date.’’. 

18 (b) CONFORMING AMENDMENTS TO DEFENSE CON19 TRACT PROVISION.—Section 803 of the National Defense 

20 Authorization Act for Fiscal Year 2002 (Public Law 107– 

21 107; 10 U.S.C. 2304 note) is amended as follows: 

22 (1) GOODS COVERED.— 

23 (A) The section heading is amended by in24 serting ‘‘GOODS OR’’ before ‘‘SERVICES’’. 
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1 (B) Subsection (a) is amended by inserting 

2 ‘‘goods and’’ before ‘‘services’’. 

3 (C) The following provisions are amended 

4 by inserting ‘‘goods or’’ before ‘‘services’’ each 

5 place it appears: 

6 (i) Paragraphs (1), (2), and (3) of 

7 subsection (b). 

8 (ii) Subsection (d). 

9 (D) Such section is amended by adding at 

10 the end the following new subsection: 

11 ‘‘(e) APPLICABILITY TO GOODS.—The Secretary shall 

12 revise the regulations promulgated pursuant to subsection 

13 (a) to cover purchases of goods by the Department of De14 fense pursuant to multiple award contracts. The revised 

15 regulations shall take effect in final form not later than 

16 180 days after the date of the enactment of this subsection 

17 and shall apply to all individual purchases of goods that 

18 are made under multiple award contracts on or after the 

19 effective date, without regard to whether the multiple 

20 award contracts were entered into before, on, or after such 

21 effective date.’’. 

22 (2) EXPANSION OF NOTICE REQUIREMENTS.— 

23 Subsection (b) is amended by adding at the end the 

24 following new paragraph: 
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1 ‘‘(5) For purposes of paragraph (2), fair notice 

2 means notice of intent to make a purchase under a 

3 multiple award contract posted, at least 14 days be4 fore the purchase is made, on the website main5 tained by the General Services Administration 

6 known as FedBizOpps.gov (or any successor site).’’. 

7 SEC. 704. SUSPENSION AND DEBARMENT OF UNETHICAL 

8 CONTRACTORS. 

9 (a) CIVILIAN AGENCY CONTRACTORS.—(1) Title III 

10 of the Federal Property and Administrative Services Act 

11 of 1949 (41 U.S.C. 251 et seq.) is amended by inserting 

12 after section 303N, as added by section 703, the following 

13 new section: 

14 ‘‘SEC. 303O. SUSPENSION AND DEBARMENT OF UNETHICAL 

15 CONTRACTORS. 

16 ‘‘(a) IN GENERAL.—No prospective contractor may 

17 be awarded a contract with an agency unless the con18 tracting officer for the contract determines that such pro19 spective contractor has a satisfactory record of integrity 

20 and business ethics. 

21 ‘‘(b) DEFINITION.—No prospective contractor shall 

22 be considered to have a satisfactory record of integrity and 

23 business ethics if it— 

24 ‘‘(1) has exhibited a pattern of overcharging the 

25 Government under Federal contracts; 
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1 ‘‘(2) has exhibited a pattern of failing to comply 

2 with the law, including tax, labor and employment, 

3 environmental, antitrust, and consumer protection 

4 laws; or 

5 ‘‘(3) has an outstanding debt with a Federal 

6 agency in a delinquent status.’’ 

7 (2) The table of sections at the beginning of such Act 

8 is amended by inserting after the item relating to section 

9 303N, as added by section 703, the following new item: 

‘‘Sec. 303O. Suspension and debarment of unethical contractors.’’. 

10 (b) DEFENSE CONTRACTORS.—(1) Chapter 137 of 

11 title 10, United States Code, is amended by inserting after 

12 section 2305a the following new section: 

13 ‘‘§ 2305b. Suspension and debarment of unethical 

14 contractors 

15 ‘‘Section 303O of the Federal Property and Adminis16 trative Services Act of 1949 shall apply to a prospective 

17 contractor that may be awarded a contract with an agency 

18 under this title in the same manner as such section applies 

19 to a prospective contractor that may be awarded a con20 tract with an agency covered by that section.’’. 

21 (2) The table of sections at the beginning of such 

22 chapter is amended by inserting after the item relating 

23 to section 2305a the following new item: 

‘‘2305b. Suspension and debarment of unethical contractors.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to contracts for which 

3 solicitations are issued after the date of the enactment of 

4 this Act. 

5 SEC. 705. CRIMINAL SANCTIONS FOR CHEATING TAX6 PAYERS AND WARTIME FRAUD. 

7 (a) PROHIBITION.— 

8 (1) IN GENERAL.—Chapter 47 of title 18, 

9 United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 1039. Criminal sanctions for cheating taxpayers 

12 and wartime fraud 

13 ‘‘(a) PROHIBITION.— 

14 ‘‘(1) IN GENERAL.—Whoever, in any matter in15 volving a Federal contract or the provision of goods 

16 or services, knowingly and willfully— 

17 ‘‘(A) executes or attempts to execute a 

18 scheme or artifice to defraud the United States; 

19 ‘‘(B) falsifies, conceals, or covers up by 

20 any trick, scheme, or device a material fact; 

21 ‘‘(C) makes any materially false, fictitious, 

22 or fraudulent statements or representations, or 

23 makes or uses any materially false writing or 

24 document knowing the same to contain any ma-
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1 terially false, fictitious, or fraudulent statement 

2 or entry; or 

3 ‘‘(D) materially overvalues any good or 

4 service with the specific intent to excessively 

5 profit from war, military action, or relief or re6 construction activities; 

7 shall be fined under paragraph (2), imprisoned not 

8 more than 10 years, or both. 

9 ‘‘(2) FINE.—A person convicted of an offense 

10 under paragraph (1) may be fined the greater of— 

11 ‘‘(A) $1,000,000; or 

12 ‘‘(B) if such person derives profits or other 

13 proceeds from the offense, not more than twice 

14 the gross profits or other proceeds. 

15 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

16 extraterritorial Federal jurisdiction over an offense under 

17 this section. 

18 ‘‘(c) VENUE.—A prosecution for an offense under 

19 this section may be brought— 

20 ‘‘(1) as authorized by chapter 211 of this title; 

21 ‘‘(2) in any district where any act in further22 ance of the offense took place; or 

23 ‘‘(3) in any district where any party to the con24 tract or provider of goods or services is located.’’. 
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1 (2) TABLE OF SECTIONS.—The table of sections 

2 for chapter 47 of title 18, United States Code, is 

3 amended by adding at the end the following: 

‘‘1039. Criminal Sanctions for Cheating Taxpayers and Wartime Fraud.’’. 

4 (d) CIVIL FORFEITURE.—Section 981(a)(1)(C) of 

5 title 18, United States Code, is amended by inserting 

6 ‘‘1039,’’ after ‘‘1032,’’. 

7 (e) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 

8 of title 18, United States Code, is amended by striking 

9 ‘‘or 1030’’ and inserting ‘‘1030, or 1039’’. 

10 (f) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

11 title 18, United States Code, is amended by inserting the 

12 following: ‘‘, section 1039 (relating to Criminal Sanctions 

13 for Cheating Taxpayers and Wartime Fraud,’’ after ‘‘liq14 uidating agent of financial institution),’’. 

15 SEC. 706. PROHIBITION ON CONTRACTOR CONFLICTS OF 

16 INTEREST. 

17 (a) PROHIBITION.—An agency may not enter into a 

18 contract for the performance of a function relating to con19 tract oversight with any contractor with a conflict of inter20 est. 

21 (b) DEFINITIONS.—In this section: 

22 (1) The term ‘‘function relating to contract 

23 oversight’’ includes the following specific functions: 

24 (A) Evaluation of a contractor’s perform25 ance. 
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1 (B) Evaluation of contract proposals. 

2 (C) Development of statements of work. 

3 (D) Services in support of acquisition plan4 ning. 

5 (E) Contract management. 

6 (2) The term ‘‘conflict of interest’’ includes 

7 cases in which the contractor performing the func8 tion relating to contract oversight, or any related en9 tity— 

10 (A) is performing all or some of the work 

11 to be overseen; 

12 (B) has a separate ongoing business rela13 tionship, such as a joint venture or contract, 

14 with any of the contractors to be overseen; 

15 (C) would be placed in a position to affect 

16 the value or performance of work it or any re17 lated entity is doing under any other Govern18 ment contract; 

19 (D) has a reverse role with the contractor 

20 to be overseen under one or more separate Gov21 ernment contracts; and 

22 (E) has some other relationship with the 

23 contractor to be overseen that could reasonably 

24 appear to bias the contractor’s judgment. 
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1 (3) The term ‘‘related entity’’, with respect to 

2 a contractor, means any subsidiary, parent, affiliate, 

3 joint venture, or other entity related to the con4 tractor. 

5 (c) CONTRACTS RELATING TO INHERENTLY GOV6 ERNMENTAL FUNCTIONS.—An agency may not enter into 

7 a contract for the performance of inherently governmental 

8 functions for contract oversight (as described in subpart 

9 7.5 of part 7 of the Federal Acquisition Regulation). 

10 (d) EFFECTIVE DATE AND APPLICABILITY.—This 

11 section shall take effect on the date of enactment of this 

12 Act and shall apply to— 

13 (1) contracts entered into on or after such date; 

14 (2) any task or delivery order issued on or after 

15 such date under a contract entered into before, on, 

16 or after such date; and 

17 (3) any decision on or after such date to exer18 cise an option or otherwise extend a contract for the 

19 performance of a function relating to contract over20 sight regardless of whether such contract was en21 tered into before, on, or after the date of enactment 

22 of this Act. 

23 SEC. 707. DISCLOSURE OF GOVERNMENT CONTRACTOR 

24 OVERCHARGES. 

25 (a) QUARTERLY REPORT TO CONGRESS.— 
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1 (1) The head of each Federal agency or depart2 ment shall submit to the chairman and ranking 

3 member of each committee described in paragraph 

4 (2) on a quarterly basis a report that includes the 

5 following: 

6 (A) A list of audits or other reports issued 

7 during the applicable quarter that describe con8 tractor costs in excess of $1,000,000 that have 

9 been identified as unjustified, unsupported, 

10 questioned, or unreasonable under any contract, 

11 task or delivery order, or subcontract. 

12 (B) The specific amounts of costs identi13 fied as unjustified, unsupported, questioned, or 

14 unreasonable and the percentage of their total 

15 value of the contract, task or delivery order, or 

16 subcontract. 

17 (C) A list of audits or other reports issued 

18 during the applicable quarter that identify sig19 nificant or substantial deficiencies in any busi20 ness system of any contractor under any con21 tract, task or delivery order, or subcontract. 

22 (2) The report described in paragraph (1) shall 

23 be submitted to the Committee on Government Re24 form of the House of Representatives, the Com25 mittee on Homeland Security and Governmental Af-
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1 fairs of the Senate, and other committees of jurisdic2 tion. 

3 (b) SUBMISSION OF INDIVIDUAL AUDITS.—The head 

4 of each Federal agency or department shall provide, within 

5 14 days after a request in writing by the chairman or 

6 ranking member of any of the committees described in 

7 subsection (a)(2), a full and unredacted copy of any audit 

8 or other report described in subsection (a)(1). 

9 SEC. 708. PENALTIES FOR IMPROPER SOLE-SOURCE CON10 TRACTING PROCEDURES. 

11 (a) CIVILIAN AGENCY CONTRACTS.—Section 303 of 

12 the Federal Property and Administrative Services Act (41 

13 U.S.C. 253) is amended— 

14 (1) by redesignating subsections (g), (h), and 

15 (i) as subsections (h), (i), and (j), respectively; and 

16 (2) by inserting after subsection (f) the fol17 lowing new subsection: 

18 ‘‘(g) Any official who knowingly and intentionally vio19 lates Federal procurement law in the preparation or cer20 tification of a justification for a sole-source contract, in 

21 the award of a sole-source contract, or in directing or par22 ticipating in the award of a sole-source contract, shall be 

23 subject to administrative sanctions up to and including 

24 termination of employment.’’. 
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1 (b) DEFENSE AGENCY CONTRACTS.—Section 2304 

2 of title 10, United States Code, is amended— 

3 (1) by redesignating subsections (g), (h), and 

4 (i) as subsections (h), (i), and (j), respectively; and 

5 (2) by inserting after subsection (f) the fol6 lowing new subsection: 

7 ‘‘(g) Any official who knowingly and intentionally vio8 lates federal procurement law in the preparation or certifi9 cation of a justification for a sole-source contract, in the 

10 award of a sole-source contract, or in directing or partici11 pating in the award of a sole-source contract, shall be sub12 ject to administrative sanctions up to and including termi13 nation of employment.’’. 

14 (c) REGULATIONS.—The Administrator for Federal 

15 Procurement Policy, in consultation with the Director of 

16 the Office of Personnel Management, shall issue regula17 tions to implement the amendments made by this section. 

18 SEC. 709. STOPPING THE REVOLVING DOOR. 

19 (a) ELIMINATION OF LOOPHOLES THAT ALLOW

20 FORMER FEDERAL OFFICIALS TO ACCEPT COMPENSA21 TION FROM CONTRACTORS OR RELATED ENTITIES.— 

22 (1) Paragraph (1) of section 27(d) of the Office 

23 of Federal Procurement Policy Act (41 U.S.C. 

24 423(d)(1)) is amended— 
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1 (A) by striking ‘‘or consultant’’ and insert2 ing ‘‘consultant, lawyer, or lobbyist’’; 

3 (B) by striking ‘‘one year’’ and inserting 

4 ‘‘two years’’; and 

5 (C) in subparagraph (C), by striking ‘‘per6 sonally made for the Federal agency—’’ and in7 serting ‘‘participated personally and substan8 tially in—’’. 

9 (2) Paragraph (2) of section 27(d) of such Act 

10 (41 U.S.C. 423(d)(2)) is amended to read as follows: 

11 ‘‘(2) For purposes of paragraph (1), the term ‘con12 tractor’ includes any division, affiliate, subsidiary, parent, 

13 joint venture, or other related entity of the contractor.’’. 

14 (b) PROHIBITION ON AWARD OF GOVERNMENT CON15 TRACTS TO FORMER EMPLOYERS.—Section 27 of such 

16 Act (41 U.S.C. 423) is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(i) PROHIBITION ON INVOLVEMENT BY CERTAIN

19 FORMER CONTRACTOR EMPLOYEES IN PROCURE20 MENTS.—A former employee of a contractor who becomes 

21 an employee of the Federal government shall not be per22 sonally and substantially involved with any Federal agency 

23 procurement involving the employee’s former employer, in24 cluding any division, affiliate, subsidiary, parent, joint 

25 venture, or other related entity of the former employer, 
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1 for a period of two years beginning on the date on which 

2 the employee leaves the employment of the contractor.’’. 

3 (c) REQUIREMENT FOR FEDERAL PROCUREMENT

4 OFFICERS TO DISCLOSE JOB OFFERS MADE TO REL5 ATIVES.—Section 27(c)(1) of such Act (41 U.S.C. 

6 423(c)(1)) is amended by inserting after ‘‘that official’’ 

7 the following: ‘‘or for a relative of that official (as defined 

8 in section 3110 of title 5, United States Code),’’. 

9 (d) ADDITIONAL CRIMINAL PENALTIES.—Paragraph 

10 (1) of section 27(e) of such Act (41 U.S.C. (e)(1)) is 

11 amended to read as follows: 

12 ‘‘(1) CRIMINAL PENALTIES.—Whoever engages 

13 in conduct constituting a violation of— 

14 ‘‘(A) subsection (a) or (b) for the purpose 

15 of either— 

16 ‘‘(i) exchanging the information cov17 ered by such subsection for anything of 

18 value, or 

19 ‘‘(ii) obtaining or giving anyone a 

20 competitive advantage in the award of a 

21 Federal agency procurement contract; or 

22 ‘‘(B) subsection (c) or (d); 

23 shall be imprisoned for not more than 5 years or 

24 fined as provided under title 18, United States Code, 

25 or both.’’. 
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1 (e) REGULATIONS.—Section 27 of such Act (41 

2 U.S.C. 423) is further amended by adding at the end of 

3 the following new subsection: 

4 ‘‘(j) REGULATIONS.—The Director of the Office of 

5 Government Ethics, in consultation with the Adminis6 trator, shall— 

7 ‘‘(1) promulgate regulations to carry out and 

8 ensure the enforcement of this section; and 

9 ‘‘(2) monitor and investigate individual and 

10 agency compliance with this section.’’. 

11 TITLE VIII—PRESIDENTIAL 

12 LIBRARIES 

13 SEC. 801. PRESIDENTIAL LIBRARIES. 

14 (a) IN GENERAL.—Section 2112 of title 44, United 

15 States Code, is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(h)(1) Any organization that is established for the 

18 purpose of raising funds for creating, maintaining, ex19 panding, or conducting activities at a Presidential archival 

20 depository or any facilities relating to a Presidential archi21 val depository, shall submit to the Administration, the 

22 Committee on Government Reform of the House of Rep23 resentatives, and the Committee on Governmental Affairs 

24 of the Senate on a quarterly basis, by not later than the 

25 applicable date specified in paragraph (2), information 
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1 with respect to every contributor who, during the des2 ignated period— 

3 ‘‘(A) with respect to a Presidential archival de4 pository of a President who currently holds the Of5 fice of President or for which the Archivist has not 

6 accepted, taken title to, or entered into an agree7 ment to use any land or facility, gave the organiza8 tion a contribution or contributions (whether mone9 tary or in-kind) totaling $100 or more for the quar10 terly period; or 

11 ‘‘(B) with respect to a Presidential archival de12 pository of a President who no longer holds the Of13 fice of President and for which the Archivist has ac14 cepted, taken title to, or entered into an agreement 

15 to use any land or facility, gave the organization a 

16 contribution or contributions (whether monetary or 

17 in-kind) totaling $100 or more for the quarterly pe18 riod. 

19 ‘‘(2) For purposes of paragraph (1), the applicable 

20 date— 

21 ‘‘(A) with respect to information required under 

22 paragraph (1)(A), shall be April 15, July 15, Octo23 ber 15, and January 15 of each year and of the fol24 lowing year as applicable to the fourth quarterly fil25 ing; and 
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1 ‘‘(B) with respect to information required under 

2 paragraph (1)(B), shall be April 15, July 15, Octo3 ber 15, and January 15 of each year and of the fol4 lowing year as applicable to the fourth quarterly fil5 ing. 

6 ‘‘(3) As used in this subsection, the term ‘informa7 tion’ means the following: 

8 ‘‘(A) The amount or value of each contribution 

9 made by a contributor referred to in paragraph (1) 

10 in the quarter covered by the submission. 

11 ‘‘(B) The source of each such contribution, and 

12 the address of the entity or individual that is the 

13 source of the contribution. 

14 ‘‘(C) If the source of such a contribution is an 

15 individual, the occupation of the individual. 

16 ‘‘(D) The date of each such contribution. 

17 ‘‘(4) The Archivist shall make available to the public 

18 through the Internet (or a successor technology readily 

19 available to the public) as soon as is practicable after each 

20 quarterly filing any information that is submitted in ac21 cordance with paragraph (1). 

22 ‘‘(5)(A) It shall be unlawful for any person who 

23 makes a contribution described in paragraph (1) to know24 ingly and willfully submit false material information or 
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1 omit material information with respect to the contribution 

2 to an organization described in such paragraph. 

3 ‘‘(B) The penalties described in section 1001 of title 

4 18, United States Code, shall apply with respect to a viola5 tion of subparagraph (A) in the same manner as a viola6 tion described in such section. 

7 ‘‘(6)(A) It shall be unlawful for any organization de8 scribed in paragraph (1) to knowingly and willfully submit 

9 false material information or omit material information 

10 under such paragraph. 

11 ‘‘(B) The penalties described in section 1001 of title 

12 18, United States Code, shall apply with respect to a viola13 tion of subparagraph (A) in the same manner as a viola14 tion described in such section. 

15 ‘‘(7)(A) It shall be unlawful for a person to knowingly 

16 and willfully— 

17 ‘‘(i) make a contribution described in paragraph 

18 (1) in the name of another person; 

19 ‘‘(ii) permit his or her name to be used to effect 

20 a contribution described in paragraph (1); or 

21 ‘‘(iii) accept a contribution described in para22 graph (1) that is made by one person in the name 

23 of another person. 

24 ‘‘(B) The penalties set forth in section 309(d) of the 

25 Federal Election Campaign Act of 1971 (2 U.S.C. 
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1 437g(d)) shall apply to a violation of subparagraph (A) 

2 in the same manner as if such violation were a violation 

3 of section 316(b)(3) of such Act. 

4 ‘‘(8) The Archivist shall promulgate regulations for 

5 the purpose of carrying out this subsection.’’. 

6 (b) APPLICABILITY.—Section 2112(h) of title 44, 

7 United States Code (as added by subsection (a))— 

8 (1) shall apply to an organization established 

9 for the purpose of raising funds for creating, main10 taining, expanding, or conducting activities at a 

11 Presidential archival depository or any facilities re12 lating to a Presidential archival depository before, 

13 on or after the date of the enactment of this Act; 

14 and 

15 (2) shall only apply with respect to contribu16 tions (whether monetary or in-kind) made after the 

17 date of the enactment of this Act. 

Æ