I 

109TH CONGRESS 

2D SESSION H. R. 4667 

To provide greater transparency with respect to lobbying activities, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2006 

Mr. FITZPATRICK of Pennsylvania introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Standards of Official Conduct, Rules, Resources, and Government 

Reform, 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 greater transparency with respect to lobbying 

activities, 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; TABLE OF CONTENTS. 

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

5 ‘‘Lobbying Transparency and Accountability Act of 

6 2006’’. 

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

8 this Act is as follows: 
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Sec. 1. Short title; table of contents. 

TITLE I—ENHANCING LOBBYING DISCLOSURE 

Sec. 101. Quarterly filing of lobbying disclosure reports. 

Sec. 102. Electronic filing of lobbying disclosure reports. 

Sec. 103. Public database of lobbying disclosure information. 

Sec. 104. Disclosure by registered lobbyists of all past executive and congressional employment. 

Sec. 105. Disclosure of grassroots activities by paid lobbyists. 

Sec. 106. Disclosure of lobbyist contributions and payments. 

Sec. 107. Increased penalty for failure to comply with lobbying disclosure requirements. 

Sec. 108. Disclosure of lobbying activities by certain coalitions and associations. 

TITLE II—SLOWING THE REVOLVING DOOR 

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

officials of the executive and legislative branches. 

Sec. 202. Additional employment rights. 

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

TITLE III—CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL 

AND LOBBYIST GIFTS 

Sec. 301. Requirement of full payment and disclosure of charter flights. 

Sec. 302. Valuation of tickets to sporting and entertainment events. 

Sec. 303. Ban on privately-funded travel. 

TITLE IV—OVERSIGHT OF ETHICS AND LOBBYING 

Sec. 401. Comptroller General review and semiannual reports. 

TITLE V—HOUSE RULES CHANGES 

Sec. 501. Earmarks. 

Sec. 502. Three-day layover requirement. 

TITLE VI—POLITICAL ADVOCACY 

Sec. 601. Prohibition on the use of Federal funds for political advocacy. 

Sec. 602. Disclosure requirements. 

Sec. 603. Federal entity report. 

Sec. 604. Public accountability. 

Sec. 605. Severability. 

Sec. 606. First amendment rights preserved. 
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1 TITLE I—ENHANCING LOBBYING 

2 DISCLOSURE 

3 SEC. 101. QUARTERLY FILING OF LOBBYING DISCLOSURE 

4 REPORTS. 

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

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

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

8 (1) in subsection (a)— 

9 (A) by striking ‘‘Semiannual’’ and insert10 ing ‘‘Quarterly’’; 

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

12 and all that follows through ‘‘July of each 

13 year’’ and insert ‘‘the quarterly period begin14 ning on the first days of January, April, July, 

15 and October of each year’’; and 

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

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

18 (2) in subsection (b)— 

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

20 by striking ‘‘semiannual report’’ and inserting 

21 ‘‘quarterly report’’; 

22 (B) in paragraph (2), by striking ‘‘semi23 annual filing period’’ and inserting ‘‘quarterly 

24 period’’; 
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1 (C) in paragraph (3), by striking ‘‘semi2 annual period’’ and inserting ‘‘quarterly pe3 riod’’; and 

4 (D) in paragraph (4), by striking ‘‘semi5 annual filing period’’ and inserting ‘‘quarterly 

6 period’’. 

7 (b) CONFORMING AMENDMENTS.— 

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

9 U.S.C. 1602) is amended by striking ‘‘six month pe10 riod’’ and inserting ‘‘three-month period’’. 

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

12 U.S.C. 1603) is amended— 

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

14 ‘‘semiannual period’’ and inserting ‘‘quarterly 

15 period’’; and 

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

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

18 period’’. 

19 (3) ENFORCEMENT.—Section 6(6) of the Act (2 

20 U.S.C. 1605(6)) is amended by striking ‘‘semiannual 

21 period’’ and inserting ‘‘quarterly period’’. 

22 (4) ESTIMATES.—Section 15 of the Act (2 

23 U.S.C. 1610) is amended— 
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1 (A) in subsection (a)(1), by striking ‘‘semi2 annual period’’ and inserting ‘‘quarterly pe3 riod’’; and 

4 (B) in subsection (b)(1), by striking ‘‘semi5 annual period’’ and inserting ‘‘quarterly pe6 riod’’. 

7 (5) DOLLAR AMOUNTS.— 

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

9 (2 U.S.C. 1603) is amended— 

10 (i) in subsection (a)(3)(A)(i), by strik11 ing ‘‘$5,000’’ and inserting ‘‘$2,500’’; 

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

13 striking ‘‘$20,000’’ and inserting 

14 ‘‘$10,000’’; 

15 (iii) in subsection (b)(3)(A), by strik16 ing ‘‘$10,000’’ and inserting ‘‘$5,000’’; 

17 and 

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

19 ‘‘$10,000’’ and inserting ‘‘$5,000’’. 

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

21 U.S.C. 1604) is amended— 

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

23 ‘‘$10,000’’ and ‘‘$20,000’’ and inserting 

24 ‘‘$5,000’’ and ‘‘$10,000’’, respectively; and 
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1 (ii) in subsection (c)(2), by striking 

2 ‘‘$10,000’’ both places such term appears 

3 and inserting ‘‘$5,000’’. 

4 SEC. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE 

5 REPORTS. 

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

7 adding at the end the following: 

8 ‘‘(d) ELECTRONIC FILING REQUIRED.—A report re9 quired to be filed under this section shall be filed in elec10 tronic form, in addition to any other form that may be 

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

12 the House of Representatives.’’. 

13 SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE IN14 FORMATION. 

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

16 U.S.C. 1605) is amended— 

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

18 end; 

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

20 inserting ‘‘; and’’; and 

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

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

23 over the Internet, without a fee or other access 

24 charge, in a searchable, sortable, and downloadable 

25 manner, an electronic database that— 
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1 ‘‘(A) includes the information contained in 

2 registrations and reports filed under this Act; 

3 ‘‘(B) directly links the information it con4 tains to the information disclosed in reports 

5 filed with the Federal Election Commission 

6 under section 304 of the Federal Election Cam7 paign Act of 1971 (2 U.S.C. 434); and 

8 ‘‘(C) is searchable and sortable, at a min9 imum, by each of the categories of information 

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

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

12 Act is amended by inserting before the semicolon the fol13 lowing: ‘‘and, in the case of a report filed in electronic 

14 form pursuant to section 5(d), shall make such report 

15 available for public inspection over the Internet not more 

16 than 48 hours after the report is 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 the 

20 Act, as added by subsection (a). 

21 SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL 

22 PAST EXECUTIVE AND CONGRESSIONAL EM23 PLOYMENT. 

24 Section 4(b)(6) of the Act (2 U.S.C. 1603) is amend25 ed by striking ‘‘or a covered legislative branch official’’ 
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1 and all that follows through ‘‘as a lobbyist on behalf of 

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

3 official,’’. 

4 SEC. 105. DISCLOSURE OF GRASSROOTS ACTIVITIES BY 

5 PAID LOBBYISTS. 

6 (a) DISCLOSURE OF GRASSROOTS ACTIVITIES.—Sec7 tion 3 of the Act (2 U.S.C. 1602) is amended— 

8 (1) in paragraph (2), by inserting ‘‘or grass9 roots lobbying activities’’ after ‘‘lobbying activities’’ 

10 both places it appears; and 

11 (2) by adding at the end the following new 

12 paragraphs— 

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

14 ‘grassroots lobbying’— 

15 ‘‘(A) means any attempt to influence the 

16 general public, or segments thereof, to engage 

17 in lobbying contacts whether or not those con18 tacts were made on behalf of a client; and 

19 ‘‘(B) does not include any attempt de20 scribed in subparagraph (A) by a person or en21 tity directed to its members, employees, officers 

22 or shareholders, unless such attempt is financed 

23 with funds directly or indirectly received from 

24 or arranged by a retained registrant. 
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1 ‘‘(18) GRASSROOTS LOBBYIST.—The term 

2 ‘grassroots lobbyist’ means any individual who is re3 tained by a client for financial or other compensa4 tion for services to engage in grassroots lobbying. 

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

6 ‘grassroots lobbying firm’— 

7 ‘‘(A) means a person or entity that has 1 

8 or more employees who are grassroots lobbyists 

9 on behalf of a client other than that person or 

10 entity; and 

11 ‘‘(B) includes a self-employed individual 

12 who is a grassroots lobbyist. 

13 ‘‘(20) GRASSROOTS LOBBYING ACTIVITIES.— 

14 The term ‘grassroots lobbying activities’ means 

15 grassroots lobbying and efforts in support of grass16 roots lobbying, including preparation and planning 

17 activities, research and other background work that 

18 is intended, at the time it is performed, for use in 

19 grassroots lobbying, and coordination with the lob20 bying activities or grassroots lobbying activities of 

21 others. 

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

23 PAC’ means, with respect to an individual holding 

24 Federal office, an unauthorized political committee 

25 which is associated with such individual.’’. 
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1 (b) REGISTRATION.—Section 4(a) of the Act (2 

2 U.S.C. 1603(a)) is amended— 

3 (1) in paragraph (1), by striking ‘‘45’’ and in4 serting ‘‘20’’; 

5 (2) by redesignating paragraph (3) as para6 graph (4); 

7 (3) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) GRASSROOTS LOBBYING.—Not later than 

10 20 days after a grassroots lobbying firm first is re11 tained by a client to engage in grassroots lobbying, 

12 such grassroots lobbying firm shall register with the 

13 Secretary of the Senate and the Clerk of the House 

14 of Representatives.’’; and 

15 (4) in paragraph (4)(A), as redesignated— 

16 (A) by striking ‘‘paragraphs (1) and (2)’’ 

17 and inserting ‘‘paragraphs (1), (2), and (3)’’; 

18 and 

19 (B) in clause (i), by inserting ‘‘and grass20 roots lobbying activities’’ after ‘‘lobbying activi21 ties’’. 

22 (c) SEPARATE ITEMIZATION OF GRASSROOTS EX23 PENSES.—Section 5(b) of the Act (2 U.S.C. 1604(b)) is 

24 amended— 

25 (1) in paragraph (3), by— 
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1 (A) inserting after ‘‘total amount of all in2 come’’ the following: ‘‘(including a separate 

3 good faith estimate of the total amount relating 

4 specifically to grassroots lobbying activities and, 

5 within that amount, a good faith estimate of 

6 the total amount specifically relating to grass7 roots lobbying through paid advertising)’’; 

8 (B) inserting ‘‘or a grassroots lobbying 

9 firm’’ after ‘‘lobbying firm’’; 

10 (C) inserting ‘‘or grassroots lobbying ac11 tivities’’ after ‘‘lobbying activities’’ both places 

12 it appears; and 

13 (D) striking ‘‘and’’ after the semicolon; 

14 (2) in paragraph (4), by— 

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

16 following: ‘‘(including a separate good faith es17 timate of the total amount relating specifically 

18 to grassroots lobbying activities and, within 

19 that total amount, a separate good faith esti20 mate of the total amount specifically relating to 

21 grassroots lobbying through paid advertising)’’; 

22 (B) inserting ‘‘or grassroots lobbying ac23 tivities’’ after ‘‘lobbying activities’’ both places 

24 it appears; and 
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1 (C) striking the period and inserting ‘‘; 

2 and’’; and 

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 list of the specific issues upon 

7 which the registrant engaged in grassroots lob8 bying activities, including, to the maximum ex9 tent practicable, a list of bill numbers and ref10 erences to specific executive branch activities; 

11 ‘‘(B) the total disbursements made for 

12 grassroots lobbying activities, and a subtotal for 

13 disbursements made for grassroots lobbying 

14 through paid advertising; 

15 ‘‘(C) identification of each person or entity 

16 who received a disbursement of funds for grass17 roots lobbying activities of $10,000 or more 

18 during the period and the total amount each 

19 person or entity received; and 

20 ‘‘(D) if such disbursements are made 

21 through a person or entity who serves as an 

22 intermediary or conduit, identification of each 

23 such intermediary or conduit, identification of 

24 the person or entity who receives the funds, and 
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1 the total amount each such person or entity re2 ceived.’’. 

3 (d) LARGE GRASSROOTS EXPENDITURE.—Section 

4 5(a) of the Act (2 U.S.C. 1604(a)) is amended— 

5 (1) by striking ‘‘No later’’ and inserting ‘‘Ex6 cept as provided in paragraph (2), not later’’; and 

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

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

9 registrant that is a grassroots lobbying firm and 

10 that receives income of, or spends or agrees to 

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

12 grassroots lobbying activities for a client, or for a 

13 group of clients for a joint effort, shall file— 

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

15 than 20 days after receiving, spending, or 

16 agreeing to spend that amount; and 

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

18 days after each time such lobbyist or lobbying 

19 firm receives income of, or spends or agrees to 

20 spend, an aggregate amount of $250,000 or 

21 more on grassroots lobbying activities for a cli22 ent, or for a group of clients for a joint effort.’’. 
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1 SEC. 106. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND 

2 PAYMENTS. 

3 Section 5(b) of the Act (2 U.S.C. 1604(b)) is amend4 ed— 

5 (1) in paragraph (4), by striking ‘‘and’’ after 

6 the semicolon; 

7 (2) in paragraph (5), by striking the period and 

8 inserting a semicolon; and 

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

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

11 committee, as defined in 301(4) of the Federal Elec12 tion Campaign Act of 1971 (2 U.S.C. 431(4)), affili13 ated with such registrant), and for each employee 

14 listed as a lobbyist by a registrant under paragraph 

15 (2)(C)— 

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

17 or officeholder, leadership PAC, or political 

18 party committee, to whom a contribution was 

19 made, and the date and amount of such con20 tribution; and 

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

22 or officeholder, or a leadership PAC of such 

23 candidate or officeholder, or political party com24 mittee for whom a fundraising event was 

25 hosted, cohosted, or otherwise sponsored, the 
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1 date and location of the event, and the total 

2 amount raised by the event; 

3 ‘‘(7) the name of each covered legislative 

4 branch official or covered executive branch official 

5 for whom the registrant or employee listed as a lob6 byist provided, or directed or arranged to be pro7 vided, any payment or reimbursements for travel 

8 and related expenses in connection with the duties of 

9 such covered official, including for each such offi10 cial— 

11 ‘‘(A) an itemization of the payments or re12 imbursements provided to finance the travel 

13 and related expenses and to whom the pay14 ments or reimbursements were made, including 

15 any payment or reimbursement made with the 

16 express or implied understanding or agreement 

17 that such funds will be used for travel and re18 lated expenses; 

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

20 trip, including a description of all meetings, 

21 tours, events, and outings attended; 

22 ‘‘(C) the names of any registrant or indi23 vidual employed by the registrant who traveled 

24 on any such trip; 
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1 ‘‘(D) the identity of official or listed spon2 sor of travel; and 

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

4 other than the listed sponsor of the travel, 

5 which directly or indirectly provided for pay6 ment of travel and related expenses at the re7 quest or suggestion of the registrant or the em8 ployee; 

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

10 contributed or disbursed by, or arranged by, a reg11 istrant or employee listed as a lobbyist— 

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

13 or recognize a covered legislative branch official 

14 or covered executive branch official; 

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

16 named for a covered legislative branch official 

17 or covered executive branch official, or to a per18 son or entity in recognition of such official; 

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

20 maintained, or controlled by a covered legisla21 tive branch official or covered executive branch 

22 official, or an entity designated by such official; 

23 or 

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

25 conference or other similar event held by, or for 
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1 the benefit of, 1 or more covered legislative 

2 branch officials or covered executive branch of3 ficials; 

4 except that this paragraph shall not apply to any 

5 payment or reimbursement made from funds re6 quired to be reported under section 304 of the Fed7 eral Election Campaign Act of 1971 (2 U.S.C. 434); 

8 and 

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

10 (that under the rules of the House of Representa11 tives or Senate counts towards the one hundred dol12 lar cumulative annual limit described in such rules) 

13 valued in excess of $20 given by a registrant or em14 ployee listed as a lobbyist to a covered legislative 

15 branch official or covered executive branch official. 

16 For purposes of paragraph (9), the term ‘gift’ means a 

17 gratuity, favor, discount, entertainment, hospitality, loan, 

18 forbearance, or other item having monetary value. The 

19 term includes gifts of services, training, transportation, 

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

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

22 the expense has been incurred.’’. 
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1 SEC. 107. INCREASED PENALTY FOR FAILURE TO COMPLY 

2 WITH LOBBYING DISCLOSURE REQUIRE3 MENTS. 

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

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

7 SEC. 108. DISCLOSURE OF LOBBYING ACTIVITIES BY CER8 TAIN COALITIONS AND ASSOCIATIONS. 

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

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

11 amended to read as follows: 

12 ‘‘(2) CLIENT.— 

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

14 means any person or entity that employs or re15 tains another person for financial or other com16 pensation to conduct lobbying activities or 

17 grassroots lobbying activities on behalf of that 

18 person or entity. A person or entity whose em19 ployees act as lobbyists on its own behalf if 

20 both a client and an employer of such employ21 ees. 

22 ‘‘(B) TREATMENT OF COALITIONS AND AS23 SOCIATIONS.— 

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clause (ii), in the case of a coali26 tion or association of 2 or more groups 
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1 that retains a person to conduct lobbying 

2 activities or grassroots lobbying activities, 

3 each group whose total contribution to the 

4 coalition or association in connection with 

5 the lobbying activities or grassroots lob6 bying activities exceeds an aggregate of 

7 $10,000 during the reporting period is the 

8 client along with the coalition or associa9 tion. 

10 ‘‘(ii) EXCEPTION FOR CERTAIN TAX

11 EXEMPT ASSOCIATIONS.—In the case of an 

12 association which is described in any para13 graph of section 501(c) of the Internal 

14 Revenue Code of 1986 and exempt from 

15 tax under section 501(a) of such Code, the 

16 association (and not its members) shall be 

17 treated as the client. 

18 ‘‘(iii) MEMBERSHIP.—Nothing in this 

19 paragraph shall be construed to require the 

20 disclosure of any information about the 

21 members of, or donors to, a group which is 

22 treated as a client by this provision.’’. 
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1 TITLE II—SLOWING THE 

2 REVOLVING DOOR 

3 SEC. 201. AMENDMENTS TO RESTRICTIONS ON FORMER OF4 FICERS, EMPLOYEES, AND ELECTED OFFI5 CIALS OF THE EXECUTIVE AND LEGISLATIVE 

6 BRANCHES. 

7 (a) VERY SENIOR EXECUTIVE PERSONNEL.—The 

8 matter after subparagraph (C) in section 207(d)(1) of title 

9 18, United States Code, is amended by striking ‘‘within 

10 1 year’’ and inserting ‘‘within 2 years’’. 

11 (b) MEMBERS OF CONGRESS, OFFICERS, AND EM12 PLOYEES OF THE LEGISLATIVE BRANCH.—Section 207(e) 

13 of title 18, United States Code, is amended— 

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

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

16 (2) in paragraph (2)(A), by striking ‘‘within 1 

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

18 (3) in paragraph (3), by striking ‘‘within 1 

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

20 (4) in paragraph (4)(A), by striking ‘‘within 1 

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

22 SEC. 202. ADDITIONAL EMPLOYMENT RIGHTS. 

23 (a) IN GENERAL.—Section 104 of the Indian Self24 Determination and Education Assistance Act (25 U.S.C. 
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1 450i) is amended by striking subsection (j) and inserting 

2 the following: 

3 ‘‘(j) ADDITIONAL EMPLOYMENT RIGHTS.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding sections 

5 205 and 207 of title 18, United States Code, an offi6 cer or employee of the United States assigned to an 

7 Indian tribe under section 3372 of title 5, United 

8 States Code, or section 2072 of the Revised Statutes 

9 (25 U.S.C. 48), or an individual that was formerly 

10 an officer or employee of the United States and who 

11 is an employee of an Indian tribe employed to per12 form services pursuant to self-governance contracts 

13 or compacts under this Act that the individual for14 merly performed for the United States, may commu15 nicate with and appear before any department, agen16 cy, court, or commission on behalf of the Indian 

17 tribe with respect to any matter relating to the con18 tract or compact, including any matter in which the 

19 United States is a party or has a direct and sub20 stantial interest. 

21 ‘‘(2) NOTIFICATION OF INVOLVEMENT IN PEND22 ING MATTER.—An officer, employee, or former offi23 cer or employee described in paragraph (1) shall 

24 submit to the head of each appropriate department, 

25 agency, court, or commission, in writing, a notifica-
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1 tion of any personal and substantial involvement the 

2 officer, employee, or former officer or employee had 

3 as an officer or employee of the United States with 

4 respect to the pending matter.’’. 

5 (b) EFFECTIVE DATE.—The effective date of the 

6 amendment made by this section shall be the date that 

7 is 1 year after the date of enactment of this Act. 

8 SEC. 203. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS 

9 OF EMPLOYMENT NEGOTIATIONS. 

10 (a) HOUSE OF REPRESENTATIVES.—The Code of Of11 ficial Conduct set forth in rule XXIII of the Rules of the 

12 House of Representatives is amended by redesignating 

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

14 the following new clause: 

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

16 shall file with the Clerk of the House of Representatives 

17 for public disclosure, a statement that he or she is negoti18 ating or has any arrangement concerning prospective em19 ployment if a conflict of interest or the appearance of a 

20 conflict of interest may exist. Such statement shall be 

21 made within 3 days after the commencement of such nego22 tiation or arrangement.’’. 

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

24 of the Senate is amended by adding at the end the fol25 lowing: 
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1 ‘‘13. A Member shall file with the Secretary of the 

2 Senate, for public disclosure, a statement that he or she 

3 is negotiating or has any arrangement concerning prospec4 tive employment if a conflict of interest or the appearance 

5 of a conflict of interest may exist. Such statement shall 

6 be made within 3 days after the commencement of such 

7 negotiation or arrangement.’’. 

8 TITLE III—CURBING EXCESSES 

9 IN PRIVATELY FUNDED TRAV10 EL AND LOBBYIST GIFTS 

11 SEC. 301. REQUIREMENT OF FULL PAYMENT AND DISCLO12 SURE OF CHARTER FLIGHTS. 

13 (a) HOUSE OF REPRESENTATIVES.— 

14 (1) IN GENERAL.—Clause 5(a)(3)(A) of rule 

15 XXV of the Standing Rules of the House of Rep16 resentatives is amended by— 

17 (A) inserting ‘‘(1)’’ after ‘‘(A)’’; and 

18 (B) adding at the end the following: 

19 ‘‘(2) Market value for a flight on an airplane 

20 that is not licensed by the Federal Aviation Adminis21 tration to operate for compensation or hire shall be 

22 the fair market value of a charter flight. The Com23 mittee on Standards of Official Conduct shall make 

24 public information received under this subparagraph 

25 as soon as possible after it is received.’’. 
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1 (2) DISCLOSURE.—Clause 5 of Rule XXV of 

2 the Standing Rules of the House of Representatives 

3 is amended by adding at the end the following: 

4 ‘‘(g) A Member, officer, or employee who takes a 

5 flight described in paragraph (a)(3)(A)(2) shall, with re6 spect to the flight, file a report with the Clerk of the 

7 House of Representatives for public disclosure within 10 

8 days after the flight— 

9 ‘‘(1) the date of the flight; 

10 ‘‘(2) the destination of the flight who else was 

11 on the flight, other than those operating the plane; 

12 and 

13 ‘‘(3) the purpose of the trip.’’. 

14 (b) SENATE.— 

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

16 XXXV of the Standing Rules of the Senate is 

17 amended by— 

18 (A) inserting ‘‘(A)’’ after ‘‘(1)’’; and 

19 (B) adding at the end the following: 

20 ‘‘(B) Market value for a flight on an airplane 

21 that is not licensed by the Federal Aviation Adminis22 tration to operate for compensation or hire shall be 

23 the fair market value of a charter flight. The Select 

24 Committee on Ethics shall make public information 
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1 received under this subparagraph as soon as possible 

2 after it is received.’’. 

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

4 of the Standing Rules of the Senate is amended by 

5 adding at the end the following: 

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

7 flight described in subparagraph (c)(1)(B) shall, with re8 spect to the flight, file a report with the Secretary of the 

9 Senate for public disclosure within 10 days after the 

10 flight— 

11 ‘‘(1) the date of the flight; 

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

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

14 those operating the plane; and 

15 ‘‘(4) the purpose of the trip.’’. 

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

17 301(8) of the Federal Election Campaign Act of 1971 (42 

18 U.S.C. 431(8)(B)) is amended by— 

19 (1) in clause (xiii), striking ‘‘and’’ at the end; 

20 (2) in clause (xiv), by striking the period and 

21 inserting ‘‘; and’’; and 

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

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

24 on an airplane that is not licensed by the 

25 Federal Aviation Administration to operate 
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1 for compensation or hire, but only if the 

2 candidate or the candidate’s authorized 

3 committee or other political committee 

4 pays within 7 days after the date of the 

5 flight to the owner, lessee, or other person 

6 who provides the use of the airplane an 

7 amount not less than the normal and usual 

8 charter fare or rental charge for a com9 parable commercial airplane of appropriate 

10 size.’’. 

11 SEC. 302. VALUATION OF TICKETS TO SPORTING AND EN12 TERTAINMENT EVENTS. 

13 (a) IN GENERAL.—For a covered executive branch 

14 official, a gift of a ticket to a sporting or entertainment 

15 event shall be valued at the face value of the ticket, pro16 vided that in the case of a ticket without a face value, 

17 the ticket shall be valued at the highest cost of a ticket 

18 with a face value for the event. 

19 (b) SENATE.—Paragraph 1(b)(1) of Rule XXXV of 

20 the Standing Rules of the Senate is amended by— 

21 (1) inserting ‘‘(A)’’ after ‘‘(1)’’; and 

22 (2) adding at the end the following: 

23 ‘‘(B) A gift of a ticket to a sporting or en24 tertainment event shall be valued at the face 

25 value of the ticket, provided that in the case of 
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1 a ticket without a face value, the ticket shall be 

2 valued at the highest cost of a ticket with a face 

3 value for the event.’’. 

4 (c) HOUSE.—Clause 5(a)(2)(A) of Rule XXV of the 

5 Standing Rules of the House of Representatives is amend6 ed by— 

7 (1) inserting ‘‘(i)’’ after ‘‘(A)’’; and 

8 (2) adding at the end the following: 

9 ‘‘(ii) A gift of a ticket to a sporting or 

10 entertainment event shall be valued at the 

11 face value of the ticket, provided that in 

12 the case of a ticket without a face value, 

13 the ticket shall be valued at the highest 

14 cost of a ticket with a face value for the 

15 event.’’. 

16 SEC. 303. BAN ON PRIVATELY-FUNDED TRAVEL. 

17 Clause 5 of rule XXV of the Rules of the House of 

18 Representatives is amended by adding at the end the fol19 lowing: 

20 ‘‘(g) Notwithstanding any other provision of this 

21 clause, no Member, Delegate, Resident Commissioner, of22 ficer, or employee of the House may accept a gift of travel 

23 (including any transportation, lodging, and meals during 

24 such travel) from any private source.’’. 
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1 TITLE IV—OVERSIGHT OF 

2 ETHICS AND LOBBYING 

3 SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMI4 ANNUAL REPORTS. 

5 (a) ONGOING REVIEW REQUIRED.—The Comptroller 

6 General shall review on an ongoing basis the activities car7 ried out by the Clerk of the House of Representatives and 

8 the Secretary of the Senate under section 6 of the Lob9 bying Disclosure Act of 1995 (2 U.S.C. 1605). The review 

10 shall emphasize— 

11 (1) the effectiveness of those activities in secur12 ing the compliance by lobbyists with the require13 ments of that Act; and 

14 (2) whether the Clerk and the Secretary have 

15 the resources and authorities needed for effective 

16 oversight and enforcement of that Act. 

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

18 than January 1 and not later than July 1 of each year, 

19 the Comptroller General shall submit to Congress a report 

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

21 include the Comptroller General’s assessment of the mat22 ters required to be emphasized by that subsection and any 

23 recommendations of the Comptroller General to— 

24 (1) improve the compliance by lobbyists with 

25 the requirements of that Act; and 
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1 (2) provide the Clerk and the Secretary with 

2 the resources and authorities needed for effective 

3 oversight and enforcement of that Act. 

4 TITLE V—HOUSE RULES 

5 CHANGES 

6 SEC. 501. EARMARKS. 

7 Rule XXI of the Rules of the House of Representa8 tives is amended by adding at the end the following new 

9 clause: 

10 ‘‘7. It shall not be in order to consider a general ap11 propriation bill, a bill making supplemental appropria12 tions, or a joint resolution continuing appropriations, or 

13 amendment thereto or conference report thereon, if— 

14 ‘‘(1) the report accompanying such bill or joint 

15 resolution or the joint explanatory statement of 

16 managers accompanying a conference report on the 

17 bill or joint resolution contains any earmarks; or 

18 ‘‘(2) such bill or joint resolution contains any 

19 earmark and does not set forth the name of the 

20 Member requesting the earmark and the congres21 sional district that contains the subject of the ear22 mark.’’. 
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1 SEC. 502. THREE-DAY LAYOVER REQUIREMENT. 

2 Clause 8(a)(1)(A) of the Rules of the House of Rep3 resentatives is amended by inserting ‘‘and on the Internet 

4 to the general public’’ before the semicolon. 

5 TITLE VI—POLITICAL ADVOCACY 

6 SEC. 601. PROHIBITION ON THE USE OF FEDERAL FUNDS 

7 FOR POLITICAL ADVOCACY. 

8 (a) LIMITATIONS.—Notwithstanding any other provi9 sion of law, the following limitations apply to any grant 

10 which is made from funds appropriated under this or any 

11 other Act or controlled under any congressional authoriza12 tion until Congress provides specific exceptions in subse13 quent Acts: 

14 (1) No grantee may use funds from any grant 

15 to engage in political advocacy. 

16 (2) No grant applicant may receive any grant 

17 if its expenditures for political advocacy for any one 

18 of the previous five Federal fiscal years exceeded its 

19 prohibited political advocacy threshold (but no Fed20 eral fiscal year before 1996 shall be considered). For 

21 purposes of this title, the prohibited political advo22 cacy threshold for a given Federal fiscal year is to 

23 be determined by the following formula: 

24 (A) calculate the difference between the 

25 grant applicant’s total expenditures made in a 
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1 given Federal fiscal year and the total grants it 

2 received in that Federal fiscal year; 

3 (B) for the first $20,000,000 of the dif4 ference calculated in (A), multiply by .05; 

5 (C) for the remainder of the difference cal6 culated in (A), multiply by .01; 

7 (D) the sum of the products described in 

8 (B) and (C) equals the prohibited political ad9 vocacy threshold. 

10 (3) During any one Federal fiscal year in which 

11 a grantee has possession, custody or control of grant 

12 funds, the grantee shall not use any funds (whether 

13 derived from grants or otherwise) to engage in polit14 ical advocacy in excess of its prohibited political ad15 vocacy threshold for the prior Federal fiscal year. 

16 (4) No grantee may use funds from any grant 

17 to purchase or secure any goods or services (includ18 ing dues and membership fees) from any other indi19 vidual, entity, or organization whose expenditures 

20 for political advocacy for the previous Federal fiscal 

21 year exceeded 15 percent of its total expenditures 

22 for that Federal fiscal year. 

23 (5) No grantee may use funds from any grant 

24 for any purpose (including but not limited to extend25 ing subsequent grants to any other individual, enti-
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1 ty, or organization) other than to purchase or secure 

2 goods or services, except as specifically permitted by 

3 Congress in the law authorizing the grant. 

4 (6) Any individual, entity, or organization that 

5 awards or administers a grant shall take reasonable 

6 steps to ensure that the grantee complies with the 

7 requirements of this title. Reasonable steps to en8 sure compliance shall include written notice to a 

9 grantee that it is receiving a grant, and that the 

10 provisions of this title apply to the grantee. 

11 (b) ENFORCEMENT.—The following enforcement pro12 visions apply with respect to the limitations imposed under 

13 subsection (a): 

14 (1) Each grantee shall be subject to audit from 

15 time to time as follows: 

16 (A) Audits may be requested and con17 ducted by the General Accounting Office or 

18 other auditing entity authorized by Congress, 

19 including the inspector general of the Federal 

20 entity awarding or administering the grant. 

21 (B) Grantees shall follow generally accept22 ed accounting principles in keeping books and 

23 records relating to each grant and no Federal 

24 entity may impose more burdensome accounting 
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1 requirements for purposes of enforcing this 

2 title. 

3 (C) A grantee that engages in political ad4 vocacy shall have the burden of proving, by 

5 clear and convincing evidence, that it is in com6 pliance with the limitations of this section. 

7 (2) Violations by a grantee of the limitations 

8 contained in subsection (a) may be enforced and the 

9 grant may be recovered in the same manner and to 

10 the same extent as a false or fraudulent claim for 

11 payment or approval made to the Federal Govern12 ment pursuant to sections 3729 through 3812 of 

13 title 31, United States Code. 

14 (3) Any officer or employee of the Federal Gov15 ernment who awards or administers funds from any 

16 grant to a grantee who is not in compliance with 

17 this section shall— 

18 (A) for knowing or negligent noncompli19 ance with this section, be subjected to appro20 priate administrative discipline, including, when 

21 circumstances warrant, suspension from duty 

22 without pay or removal from office; and 

23 (B) for knowing noncompliance with this 

24 section, pay a civil penalty of not more than 
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1 $5,000 for each improper disbursement of 

2 funds. 

3 (c) DEFINITIONS.—For purposes of this title: 

4 (1) POLITICAL ADVOCACY.—The term ‘‘political 

5 advocacy’’ includes— 

6 (A) carrying on propaganda, or otherwise 

7 attempting to influence legislation or agency ac8 tion, including, but not limited to monetary or 

9 in-kind contributions, endorsements, publicity, 

10 or similar activity; 

11 (B) participating or intervening in (includ12 ing the publishing or distributing of statements) 

13 any political campaign on behalf of (or in oppo14 sition to) any candidate for public office, includ15 ing but not limited to monetary or in-kind con16 tributions, endorsements, publicity, or similar 

17 activity; 

18 (C) participating in any judicial litigation 

19 or agency proceeding (including as an amicus 

20 curiae) in which agents or instrumentalities of 

21 Federal, State, or local governments are par22 ties, other than litigation in which the grantee 

23 or grant applicant: is a defendant appearing in 

24 its own behalf; is defending its tax-exempt sta25 tus; or is challenging a government decision or 
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1 action directed specifically at the powers, rights, 

2 or duties of that grantee or grant applicant; 

3 and 

4 (D) allocating, disbursing, or contributing 

5 any funds or in-kind support to any individual, 

6 entity or organization whose expenditures for 

7 political advocacy for the previous Federal fiscal 

8 year exceeded 15 percent of its total expendi9 tures for that Federal fiscal year. 

10 (2) INFLUENCE LEGISLATION OR AGENCY AC11 TION.— 

12 (A) GENERAL RULE.—Except as otherwise 

13 provided in subparagraph (B), the term ‘‘influ14 ence legislation or agency action’’ includes— 

15 (i) any attempt to influence any legis16 lation or agency action through an attempt 

17 to affect the opinions of the general public 

18 or any segment thereof, and 

19 (ii) any attempt to influence any legis20 lation or agency action through commu21 nication with any member or employee of 

22 a legislative body or agency, or with any 

23 government official or employee who may 

24 participate in the formulation of the legis25 lation or agency action. 
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1 (B) EXCEPTIONS.—The term ‘‘influence 

2 legislation or agency action’’ does not include— 

3 (i) making available the results of 

4 nonpartisan analysis, study, research, or 

5 debate; 

6 (ii) providing technical advice or as7 sistance (where such advice would other8 wise constitute the influencing of legisla9 tion or agency action) to a governmental 

10 body or to a committee or other subdivi11 sion thereof in response to a written re12 quest by such body or subdivision, as the 

13 case may be; 

14 (iii) communications between the 

15 grantee and its bona fide members with re16 spect to legislation, proposed legislation, 

17 agency action, or proposed agency action 

18 of direct interest to the grantee and such 

19 members, other than communications de20 scribed in subparagraph (C); 

21 (iv) any communication with a govern22 mental official or employee; other than— 

23 (I) a communication with a mem24 ber or employee of a legislative body 

25 or agency (where such communication 
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1 would otherwise constitute the influ2 encing of legislation or agency action); 

3 or 

4 (II) a communication the prin5 cipal purpose of which is to influence 

6 legislation or agency action; and 

7 (v) official communications by employ8 ees of State or local governments, or by or9 ganizations whose membership consists ex10 clusively of State or local governments. 

11 (C) COMMUNICATIONS WITH MEMBERS.— 

12 (i) A communication between a grant13 ee and any bona fide member of such orga14 nization to directly encourage such member 

15 to communicate as provided in paragraph 

16 (2)(A)(ii) shall be treated as a (2)(A)(ii) 

17 communication by the grantee itself. 

18 (ii) A communication between a 

19 grantee and any bona fide member of such 

20 organization to directly encourage such 

21 member to urge persons other than mem22 bers to communicate as provided in either 

23 clause (i) or (ii) of paragraph (2)(A) shall 

24 be treated as a communication described in 

25 paragraph (2)(A)(i). 
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1 (3) The term ‘‘legislation’’ includes the intro2 duction, amendment, enactment, passage, defeat, 

3 ratification, or repeal of Acts, bills, resolutions, trea4 ties, declarations, confirmations, articles of impeach5 ment, or similar items by the Congress, any State 

6 legislature, any local council or similar governing 

7 body, or by the public in a referendum, initiative, 

8 constitutional amendment, recall, confirmation, or 

9 similar procedure. 

10 (4) The term ‘‘grant’’ includes the provision of 

11 any Federal funds, appropriated under this or any 

12 other Act, or other thing of value to carry out a pub13 lic purpose of the United States, except: the provi14 sion of funds for acquisition (by purchase, lease or 

15 barter) of property or services for the direct benefit 

16 or use of the United States, or the payments of 

17 loans, debts, or entitlements; or the provision of 

18 funds to an Article I or III court. 

19 (5) The term ‘‘grantee’’ includes any recipient 

20 of any grant. The term shall not include any state 

21 or local government, but shall include any recipient 

22 receiving a grant (as defined by subsection c(4)) 

23 from a state or local government. 

24 (6) The term ‘‘agency action’’ includes the defi25 nition contained in section 551 of Title 5, United 
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1 States Code, and includes action by state or local 

2 government agencies. 

3 (7) The term ‘‘agency proceeding’’ includes the 

4 definition contained in section 551 of Title 5, United 

5 States Code, and includes proceedings by state or 

6 local government agencies. 

7 SEC. 602. DISCLOSURE REQUIREMENTS. 

8 (a) Not later than December 31 of each year, a grant9 ee shall provide (via either electronic or paper medium) 

10 to each Federal entity that awarded or administered its 

11 grant an annual report for the prior Federal fiscal year, 

12 certified by the grantee’s chief executive officer or equiva13 lent person of authority, and setting forth: the grantee’s 

14 name, the grantee’s identification number, and— 

15 (1) a statement that the grantee did not engage 

16 in political advocacy; or, 

17 (2) a statement that the grantee did engage in 

18 political advocacy, and setting forth for each grant— 

19 (A) the grant identification number; 

20 (B) the amount or value of the grant (in21 cluding all administrative and overhead costs 

22 awarded); 

23 (C) a brief description of the purpose or 

24 purposes for which the grant was awarded; 
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1 (D) the identity of each Federal, state and 

2 local government entity awarding or admin3 istering the grant, and program thereunder; 

4 (E) the name and grantee identification 

5 number of each individual, entity, or organiza6 tion to whom the grantee made a grant; 

7 (F) a brief description of the grantee’s po8 litical advocacy, and a good faith estimate of 

9 the grantee’s expenditures on political advocacy; 

10 (G) a good faith estimate of the grantee’s 

11 prohibited political advocacy threshold. 

12 (b) OMB COORDINATION.—The Office of Manage13 ment and Budget shall develop by regulation one stand14 ardized form for the annual report that shall be accepted 

15 by every Federal entity, and a uniform procedure by which 

16 each grantee is assigned one permanent and unique grant17 ee identification number. 

18 SEC. 603. FEDERAL ENTITY REPORT. 

19 Not later than May 1 of each calendar year, each 

20 Federal entity awarding or administering a grant shall 

21 submit to the Bureau of the Census a report (standardized 

22 by the Office of Management and Budget) setting forth 

23 the information provided to such Federal entity by each 

24 grantee during the preceding Federal fiscal year, and the 

25 name and grantee identification number of each grantee 
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1 to whom it provided written notice under section 

2 601(a)(6). The Bureau of the Census shall make this 

3 database available to the public through the Internet. 

4 SEC. 604. PUBLIC ACCOUNTABILITY. 

5 (a) Any Federal entity awarding a grant shall make 

6 publicly available any grant application, audit of a grant7 ee, list of grantees to whom notice was provided under 

8 section 601(a)(6), annual report of a grantee, and that 

9 Federal entity’s annual report to the Bureau of the Cen10 sus. 

11 (b) The public’s access to the documents identified 

12 in section 604(a) shall be facilitated by placement of such 

13 documents in the Federal entity’s public document reading 

14 room and also by expediting any requests under section 

15 552 of title 5, United States Code, the Freedom of Infor16 mation Act as amended, ahead of any requests for other 

17 information pending at such Federal entity. 

18 (c) Records described in section (a) shall not be sub19 ject to withholding except under exemption (b)(7)(A) of 

20 section 552 of title 5, United States Code. 

21 (d) No fees for searching for or copying such docu22 ments shall be charged to the public. 

23 SEC. 605. SEVERABILITY. 

24 If any provision of this title or the application thereof 

25 to any person or circumstance is held invalid, the remain-
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1 der of this title and the application of such provision to 

2 other persons and circumstances shall not be affected 

3 thereby. 

4 SEC. 606. FIRST AMENDMENT RIGHTS PRESERVED. 

5 Nothing in this title shall be deemed to abridge any 

6 rights guaranteed under the first amendment of the 

7 United States Constitution, including freedom of speech, 

8 or of the press; or the right of the people peaceably to 

9 assemble, and to petition the Government for a redress 

10 of grievances. 

Æ