109TH CONGRESS 

2D SESSION H. R. 4975

AN ACT

To provide greater transparency with respect to lobbying 

activities, to amend the Federal Election Campaign Act 

of 1971 to clarify when organizations described in section 

527 of the Internal Revenue Code of 1986 must register 

as political committees, and for other purposes.
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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 Accountability and Transparency Act of 2006’’ 

6 and ‘‘527 Reform Act of 2006’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—ENHANCING LOBBYING DISCLOSURE 

Sec. 101. Quarterly filing of lobbying disclosure reports. 

Sec. 102. Electronic filing of lobbying registrations and disclosure reports. 

Sec. 103. Public database of lobbying disclosure information. 

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

Sec. 105. Disclosure of lobbyist contributions and gifts. 

Sec. 106. Increased penalty for failure to comply with lobbying disclosure requirements. 

Sec. 107. Penalties for offering gifts. 

TITLE II—SLOWING THE REVOLVING DOOR 

Sec. 201. Notification of post-employment restrictions. 

Sec. 202. Disclosure by Members of the House of Representatives of employment negotiations. 

Sec. 203. Wrongfully influencing, on a partisan basis, an entity’s employment 

decisions or practices. 

TITLE III—SUSPENSION OF PRIVATELY-FUNDED TRAVEL; 

CURBING LOBBYIST GIFTS 

Sec. 301. Pre-certification of privately funded travel. 

Sec. 302. Recommendations from the Committee on Standards of Official Conduct on gifts. 

Sec. 303. Prohibiting registered lobbyists on corporate flights. 

Sec. 304. Valuation of tickets to sporting and entertainment events. 

TITLE IV—OVERSIGHT OF LOBBYING AND ENFORCEMENT 

Sec. 401. Audits of lobbying reports by House Inspector General. 

Sec. 402. House Inspector General review and annual reports. 

TITLE V—INSTITUTIONAL REFORMS 

Sec. 501. Earmarking reform. 

Sec. 502. Mandatory ethics training for House employees. 
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Sec. 503. Biennial publication of ethics manual. 

TITLE VI—FORFEITURE OF RETIREMENT BENEFITS 

Sec. 601. Loss of pensions accrued during service as a Member of Congress for 

abusing the public trust. 

TITLE VII—LEADERSHIP PACS 

Sec. 701. Restrictions on disposition of funds by leadership PACS. 

TITLE VIII—ETHICS TRAINING FOR LOBBYISTS 

Sec. 801. Ethics training for lobbyists. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Bribery. 

TITLE X—527 REFORM ACT OF 2006

Sec. 1001. Short title. 

Sec. 1002. Treatment of section 527 organizations. 

Sec. 1003. Rules for allocation of expenses between Federal and non-Federal 

activities. 

Sec. 1004. Repeal of limit on amount of party expenditures on behalf of candidates in general elections. 

Sec. 1005. Construction. 

Sec. 1006. Judicial review. 

Sec. 1007. Effective date.

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) in the heading, by striking ‘‘SEMI10 ANNUAL’’ and inserting ‘‘QUARTERLY’’; 

11 (B) by striking ‘‘45’’ and inserting ‘‘20’’; 
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1 (C) by striking ‘‘the semiannual period’’ 

2 and all that follows through ‘‘July of each 

3 year’’ and insert ‘‘the quarterly period begin4 ning on the first day of January, April, July, 

5 and October of each year’’; and 

6 (D) by striking ‘‘such semiannual period’’ 

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

8 (2) in subsection (b)— 

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

10 by striking ‘‘semiannual report’’ and inserting 

11 ‘‘quarterly report’’; 

12 (B) in paragraph (2), by striking ‘‘semi13 annual filing period’’ and inserting ‘‘quarterly 

14 period’’; 

15 (C) in paragraph (3), by striking ‘‘semi16 annual period’’ and inserting ‘‘quarterly pe17 riod’’; and 

18 (D) in paragraph (4), by striking ‘‘semi19 annual filing period’’ and inserting ‘‘quarterly 

20 period’’. 

21 (b) CONFORMING AMENDMENTS.— 

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

23 U.S.C. 1602(10)) is amended by striking ‘‘six month 

24 period’’ and inserting ‘‘3-month period’’. 
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1 (2) REGISTRATION.—Section 4 of the Act (2 

2 U.S.C. 1603) is amended— 

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

4 ‘‘semiannual period’’ and inserting ‘‘quarterly 

5 period’’; and 

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

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

8 period’’. 

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

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

11 period’’ and inserting ‘‘quarterly period’’. 

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

13 U.S.C. 1610) is amended— 

14 (A) in subsection (a)(1), by striking ‘‘semi15 annual period’’ and inserting ‘‘quarterly pe16 riod’’; and 

17 (B) in subsection (b)(1), by striking ‘‘semi18 annual period’’ and inserting ‘‘quarterly pe19 riod’’. 

20 (5) DOLLAR AMOUNTS.— 

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

22 (2 U.S.C. 1603) is amended— 

23 (i) in subsection (a)(3)(A)(i), by strik24 ing ‘‘$5,000’’ and inserting ‘‘$2,500’’; 
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1 (ii) in subsection (a)(3)(A)(ii), by 

2 striking ‘‘$20,000’’ and inserting 

3 ‘‘$10,000’’; 

4 (iii) in subsection (b)(3)(A), by strik5 ing ‘‘$10,000’’ and inserting ‘‘$5,000’’; 

6 and 

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

8 ‘‘$10,000’’ and inserting ‘‘$5,000’’. 

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

10 U.S.C. 1604(c)) is amended— 

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

12 ‘‘$10,000’’ and ‘‘$20,000’’ and inserting 

13 ‘‘$5,000’’ and ‘‘$1,000’’, respectively; and 

14 (ii) in paragraph (2), by striking 

15 ‘‘$10,000’’ both places such term appears 

16 and inserting ‘‘$5,000’’. 

17 SEC. 102. ELECTRONIC FILING OF LOBBYING REGISTRA18 TIONS AND DISCLOSURE REPORTS. 

19 (a) REGISTRATIONS.—Section 4 of the Act (2 U.S.C. 

20 1603) is amended—

21 (1) by redesignating subsection (d) as sub22 section (e); and 

23 (2) by inserting after subsection (c) the fol24 lowing: 
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1 ‘‘(d) ELECTRONIC FILING REQUIRED.—A registra2 tion required to be filed under this section on or after the 

3 date of enactment of the Lobbying Accountability and 

4 Transparency Act of 2006 shall be filed in electronic form, 

5 in addition to any other form that may be required by 

6 the Secretary of the Senate or the Clerk of the House of 

7 Representatives. The due date for a registration filed in 

8 electronic form shall be no later than the due date for a 

9 registration filed in any other form.’’. 

10 (b) REPORTS.—Section 5 of the Act (2 U.S.C. 1604) 

11 is amended by adding at the end the following: 

12 ‘‘(d) ELECTRONIC FILING REQUIRED.—

13 ‘‘(1) IN GENERAL.—A report required to be 

14 filed under this section shall be filed in electronic 

15 form, in addition to any other form that may be re16 quired by the Secretary of the Senate or the Clerk 

17 of the House of Representatives. The due date for 

18 a report filed in electronic form shall be no later 

19 than the due date for a report filed in any other 

20 form, except as provided in paragraph (2). 

21 ‘‘(2) EXTENSION OF TIME TO FILE IN ELEC22 TRONIC FORM.—The Secretary of the Senate or the 

23 Clerk of the House of Representatives may establish 

24 a later due date for the filing of a report in elec25 tronic form by a registrant, if and only if—
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1 ‘‘(A) on or before the original due date, the 

2 registrant—

3 ‘‘(i) timely files the report in every 

4 form required, other than electronic form; 

5 and 

6 ‘‘(ii) makes a request for such a later 

7 due date to the Secretary or the Clerk, as 

8 the case may be; and 

9 ‘‘(B) the request is supported by good 

10 cause shown.’’. 

11 SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE IN12 FORMATION. 

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

14 U.S.C. 1605) is amended— 

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

16 end; 

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

18 inserting ‘‘; and’’; and 

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

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; 
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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, at a min7 imum, by each of the categories of information 

8 described in sections 4(b) and 5(b).’’. 

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

10 Act is amended by inserting before the semicolon the fol11 lowing: ‘‘and, in the case of a registration filed in elec12 tronic form pursuant to section 4(d) or a report filed in 

13 electronic form pursuant to section 5(d), shall make such 

14 registration or report (as the case may be) available for 

15 public inspection over the Internet not more than 48 hours 

16 after the registration or report (as the case may be) is 

17 approved as received by the Secretary of the Senate or 

18 the Clerk of the House of Representatives (as the case 

19 may be)’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as may be 

22 necessary to carry out paragraph (9) of section 6 of the 

23 Act, as added by subsection (a) of this section. 
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1 SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF 

2 PAST EXECUTIVE BRANCH AND CONGRES3 SIONAL EMPLOYMENT. 

4 Section 4(b)(6) of the Act (2 U.S.C. 1603(b)(6)) is 

5 amended by striking ‘‘2 years’’ and inserting ‘‘7 years’’. 

6 SEC. 105. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND 

7 GIFTS. 

8 (a) IN GENERAL.—Section 5(b) of the Act (2 U.S.C. 

9 1604(b)) is amended— 

10 (1) in paragraph (3), by striking ‘‘and’’ after 

11 the semicolon; 

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

13 inserting a semicolon; and 

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

15 ‘‘(5) for each registrant (and for any political 

16 committee, as defined in 301(4) of the Federal Elec17 tion Campaign Act of 1971 (2 U.S.C. 431(4)), affili18 ated with the registrant), and for each employee list19 ed as a lobbyist by the registrant under paragraph 

20 (2)(C), the name of each Federal candidate or of21 ficeholder, and of each leadership PAC, political 

22 party committee, or other political committee to 

23 whom a contribution was made which is required to 

24 be reported to the Federal Election Commission by 

25 the recipient, and the date and amount of such con26 tribution; 
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1 ‘‘(6) the date, recipient, and amount of any gift 

2 that under the Rules of the House of Representa3 tives counts towards the cumulative annual limit de4 scribed in such rules and is given to a covered legis5 lative branch official by the registrant or an em6 ployee listed as a lobbyist by the registrant under 

7 paragraph (2)(C); and 

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

9 contributed by the registrant or an employee listed 

10 as a lobbyist by the registrant under paragraph 

11 (2)(C)—

12 ‘‘(A) to, or on behalf of, an entity that is 

13 named for a covered legislative branch official, 

14 or to a person or entity in recognition of such 

15 official; or 

16 ‘‘(B) to an entity established, financed, 

17 maintained, or controlled by a covered legisla18 tive branch official; 

19 except that this paragraph shall not apply to any 

20 payment or reimbursement made from funds re21 quired to be reported under section 304 of the Fed22 eral Election Campaign Act of 1971 (2 U.S.C. 

23 434).’’. 

24 (b) FACTORS TO BE CONSIDERED TO DETERMINE

25 RELATIONSHIP BETWEEN OFFICIALS AND OTHER ENTI-
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1 TIES.—Section 5 of the Act (2 U.S.C. 1604), as amended 

2 by section 102(b) of this Act, is amended by adding at 

3 the end the following new subsection: 

4 ‘‘(e) FACTORS TO DETERMINE RELATIONSHIP BE5 TWEEN OFFICIALS AND OTHER ENTITIES.—

6 ‘‘(1) IN GENERAL.—In determining under sub7 section (b)(7)(B) whether a covered legislative 

8 branch official directly or indirectly established, fi9 nances, maintains, or controls an entity, the factors 

10 described in paragraph (2) shall be examined in the 

11 context of the overall relationship between that cov12 ered official and the entity to determine whether the 

13 presence of any such factor or factors is evidence 

14 that the covered official directly or indirectly estab15 lished, finances, maintains, or controls the entity. 

16 ‘‘(2) FACTORS.—The factors referred to in 

17 paragraph (1) include, but are not limited to, the 

18 following: 

19 ‘‘(A) Whether the covered official, directly 

20 or through its agent, owns a controlling interest 

21 in the voting stock or securities of the entity. 

22 ‘‘(B) Whether the covered official, directly 

23 or through its agent, has the authority or abil24 ity to direct or participate in the governance of 

25 the entity through provisions of constitutions, 
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1 bylaws, contracts, or other rules, or through 

2 formal or informal practices or procedures. 

3 ‘‘(C) Whether the covered official, directly 

4 or through its agent, has the authority or abil5 ity to hire, appoint, demote, or otherwise con6 trol the officers or other decisionmaking em7 ployees or members of the entity. 

8 ‘‘(D) Whether the covered official has a 

9 common or overlapping membership with the 

10 entity that indicates a formal or ongoing rela11 tionship between the covered official and the en12 tity. 

13 ‘‘(E) Whether the covered official has com14 mon or overlapping officers or employees with 

15 the entity that indicates a formal or ongoing re16 lationship between the covered official and the 

17 entity. 

18 ‘‘(F) Whether the covered official has any 

19 members, officers, or employees who were mem20 bers, officers, or employees of the entity that in21 dicates a formal or ongoing relationship be22 tween the covered official and the entity, or 

23 that indicates the creation of a successor entity. 

24 ‘‘(G) Whether the covered official, directly 

25 or through its agent, provides funds or goods in 
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1 a significant amount or on an ongoing basis to 

2 the entity, such as through direct or indirect 

3 payments for administrative, fundraising, or 

4 other costs. 

5 ‘‘(H) Whether the covered official, directly 

6 or through its agent, causes or arranges for 

7 funds in a significant amount or on an ongoing 

8 basis to be provided to the entity. 

9 ‘‘(I) Whether the covered official, directly 

10 or through its agent, had an active or signifi11 cant role in the formation of the entity. 

12 ‘‘(J) Whether the covered official and the 

13 entity have similar patterns of receipts or dis14 bursements that indicate a formal or ongoing 

15 relationship between the covered official and the 

16 entity.’’. 

17 (c) CONFORMING AMENDMENT.—Section 3 of the 

18 Act (2 U.S.C. 1602) is amended by adding at the end the 

19 following new paragraphs: 

20 ‘‘(17) GIFT.—The term ‘gift’ means a gratuity, 

21 favor, discount, entertainment, hospitality, loan, for22 bearance, or other item having monetary value. The 

23 term includes gifts of services, training, and meals, 

24 whether provided in kind, by purchase of a ticket, 
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1 payment in advance, or reimbursement after the ex2 pense has been incurred. 

3 ‘‘(18) LEADERSHIP PAC.—The term ‘leader4 ship PAC’ means, with respect to an individual hold5 ing Federal office, an unauthorized political com6 mittee (as defined in the Federal Election Campaign 

7 Act of 1971) which is associated with such indi8 vidual.’’. 

9 SEC. 106. INCREASED PENALTY FOR FAILURE TO COMPLY 

10 WITH LOBBYING DISCLOSURE REQUIRE11 MENTS. 

12 Section 7 of the Act (2 U.S.C. 1606) is amended—

13 (1) by striking ‘‘Whoever’’ and inserting ‘‘(a) 

14 CIVIL PENALTY.—Whoever’’; 

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

16 ‘‘$100,000’’; and 

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

18 ‘‘(b) CRIMINAL PENALTY.—

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

20 willfully fails to comply with any provision of this 

21 Act shall be imprisoned not more than 3 years, or 

22 fined under title 18, United States Code, or both. 

23 ‘‘(2) CORRUPTLY.—Whoever knowingly, will24 fully, and corruptly fails to comply with any provi25 sion of this Act shall be imprisoned not more than 
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1 5 years, or fined under title 18, United States Code, 

2 or both.’’. 

3 SEC. 107. PENALTIES FOR OFFERING GIFTS. 

4 Section 7 of the Act (2 U.S.C. 1606), as amended 

5 by section 106, is amended by adding at the end the fol6 lowing: 

7 ‘‘(c) PENALTIES FOR OFFERING GIFTS.—

8 ‘‘(1) IN GENERAL.—Any person who is—

9 ‘‘(A) a lobbyist registered under this Act, 

10 ‘‘(B) a lobbyist who is an employee of an 

11 organization registered under this Act, or 

12 ‘‘(C) the client of any such lobbyist or or13 ganization, 

14 and who offers to a covered legislative branch official 

15 of the House of Representatives any gift, knowing 

16 that such gift violates the rules of the House of Rep17 resentatives, shall, upon proof thereof by a prepon18 derance of the evidence, be subject to a civil fine of 

19 not more than $50,000. 

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

21 ‘covered legislative branch official of the House of 

22 Representatives’ means—

23 ‘‘(A) a Representative in, or Delegate or 

24 Resident Commissioner to, the Congress; and 
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1 ‘‘(B) an employee of, or any other indi2 vidual functioning in the capacity of an em3 ployee of—

4 ‘‘(i) an individual described in sub5 paragraph (A); 

6 ‘‘(ii) a committee of the House of 

7 Representatives; 

8 ‘‘(iii) the leadership staff of the House 

9 of Representatives; 

10 ‘‘(iv) a joint committee of Congress; 

11 or 

12 ‘‘(v) a working group or caucus orga13 nized to provide legislative services to indi14 viduals described in subparagraph (A).’’. 

15 TITLE II—SLOWING THE 

16 REVOLVING DOOR 

17 SEC. 201. NOTIFICATION OF POST-EMPLOYMENT RESTRIC18 TIONS. 

19 Section 207(e) of title 18, United States Code, is 

20 amended by adding at the end the following new para21 graph: 

22 ‘‘(8) NOTIFICATION OF POST-EMPLOYMENT RE23 STRICTIONS.—After a Member of the House of Rep24 resentatives or an elected officer of the House of 

25 Representatives leaves office, or after the termi-
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1 nation of employment with the House of Representa2 tives of an employee of the House of Representatives 

3 covered under paragraph (2), (3), or (4), the Clerk 

4 of the House of Representatives, after consultation 

5 with the Committee on Standards of Official Con6 duct, shall inform the Member, officer, or employee 

7 of the beginning and ending date of the prohibitions 

8 that apply to the Member, officer, or employee under 

9 this subsection, and also inform each office of the 

10 House of Representatives with respect to which such 

11 prohibitions apply of those dates.’’. 

12 SEC. 202. DISCLOSURE BY MEMBERS OF THE HOUSE OF 

13 REPRESENTATIVES OF EMPLOYMENT NEGO14 TIATIONS. 

15 The Code of Official Conduct set forth in rule XXIII 

16 of the Rules of the House of Representatives is amended 

17 by redesignating clause 14 as clause 15 and by inserting 

18 after clause 13 the following new clause: 

19 ‘‘14. (a) A Member, Delegate, or Resident Com20 missioner shall file with the Committee on Stand21 ards of Official Conduct a statement that he or she 

22 is negotiating compensation for prospective employ23 ment or has any arrangement concerning prospective 

24 employment if a conflict of interest or the appear25 ance of a conflict of interest may exist. Such state-
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1 ment shall be made within 5 days (other than Satur2 days, Sundays, or public holidays) after commencing 

3 the negotiation for compensation or entering into the 

4 arrangement. 

5 ‘‘(b) A Member, Delegate, or Resident Commis6 sioner should refrain from voting on any legislative 

7 measure pending before the House or any committee 

8 thereof if the negotiation described in subparagraph 

9 (a) may create a conflict of interest.’’. 

10 SEC. 203. WRONGFULLY INFLUENCING, ON A PARTISAN 

11 BASIS, AN ENTITY’S EMPLOYMENT DECISIONS 

12 OR PRACTICES. 

13 The Code of Official Conduct set forth in rule XXIII 

14 of the Rules of the House of Representatives (as amended 

15 by section 202) is further amended by redesignating 

16 clause 15 as clause 16 and by inserting after clause 14 

17 the following new clause: 

18 ‘‘15. A Member, Delegate, Resident Commis19 sioner, officer, or employee of the House may not, 

20 with the intent to influence on the basis of political 

21 party affiliation an employment decision or employ22 ment practice of any private or public entity (except 

23 for the Congress)—

24 ‘‘(a) take or withhold, or offer or threaten 

25 to take or withhold, an official act; or 
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1 ‘‘(b) influence, or offer or threaten to in2 fluence, the official act of another.’’. 

3 TITLE III—SUSPENSION OF PRI4 VATELY-FUNDED TRAVEL; 

5 CURBING LOBBYIST GIFTS 

6 SEC. 301 PRE-CERTIFICATION OF PRIVATELY FUNDED 

7 TRAVEL. 

8 (a) ACCEPTANCE OF PRIVATELY FUNDED TRAV9 EL.—Notwithstanding clause 5 of rule XXV of the Rules 

10 of the House of Representatives, no Member, Delegate, 

11 Resident Commissioner, officer, or employee of the House 

12 may accept a gift of travel related to his official duties 

13 (including any transportation, lodging, and meals during 

14 such travel) from any private source unless the private 

15 source first obtains a certification in writing from the 

16 Committee on Standards of Official Conduct that the gift 

17 of travel complies with all House rules and standards of 

18 conduct. 

19 (b) REVIEW AND RECOMMENDATIONS.—(1) The 

20 Committee on Standards of Official Conduct may not 

21 issue any such certification until it reports its rec22 ommendations on changes to rule XXV to the Committee 

23 on Rules unless two-thirds of the Members of the Com24 mittee, present and voting in the affirmative, vote to issue 

25 such certification. The Committee on Standards of Official 
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1 Conduct shall report its recommendations to the Com2 mittee on Rules not later than June 15, 2006. 

3 (2) In developing such recommendations, the Com4 mittee on Standards of Official Conduct shall—

5 (A) survey public reports of registered lobbyist 

6 and registered foreign agent-related private travel, 

7 as well as public reports of late or inaccurate disclo8 sure of private travel; and 

9 (B) consider—

10 (i) The ability of the current provisions of 

11 rule XXV regarding travel to protect the 

12 House, its Members, officers, and employees, 

13 from the appearance of impropriety. 

14 (ii) With respect to the allowance for pri15 vately-funded travel contained in clause 5(b) of 

16 rule XXV—

17 (I) the degree to which the privately18 funded travel meets the representational 

19 needs of the House, its Members, officers, 

20 and employees; 

21 (II) whether certain entities should or 

22 should not be permitted to fund the travel 

23 of the Members, officers, and employees of 

24 the House, what sources of funding may be 
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1 permissible, and what other individuals 

2 may participate in that travel; and 

3 (III) the adequacy of the current sys4 tem of approval and disclosure of such 

5 travel. 

6 SEC. 302 RECOMMENDATIONS FROM THE COMMITTEE ON 

7 STANDARDS OF OFFICIAL CONDUCT ON 

8 GIFTS. 

9 The Committee on Standards of Official Conduct 

10 shall report its recommendations on changes to rule XXV 

11 of the Rules of the House of Representatives regarding 

12 the exceptions to the limitation on the acceptance of gifts 

13 contained in clause 5(a) of that rule to the Committee on 

14 Rules. In developing its recommendations, the Committee 

15 on Standards of Official Conduct shall consider the fol16 lowing: 

17 SEC. 303. PROHIBITING REGISTERED LOBBYISTS ON COR18 PORATE FLIGHTS. 

19 The Lobbying Disclosure Act of 1995 is amended by 

20 inserting after section 5 the following new section: 

21 ‘‘SEC. 5A. PROHIBITING REGISTERED LOBBYISTS ON COR22 PORATE FLIGHTS. 

23 ‘‘If a Representative in, or Delegate or Resident 

24 Commissioner to, the Congress, or an officer or employee 

25 of the House of Representatives, is a passenger or crew 
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1 member on a flight of an aircraft that is not licensed by 

2 the Federal Aviation Administration to operate for com3 pensation or hire and that is owned or operated by a per4 son who is the client of a lobbyist or a lobbying firm, then 

5 such lobbyist may not be a passenger or crew member on 

6 that flight.’’. 

7 SEC. 304. VALUATION OF TICKETS TO SPORTING AND EN8 TERTAINMENT EVENTS. 

9 Clause 5(a)(2)(A) of rule XXV of the Rules of the 

10 House of Representatives is amended by— 

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

12 (2) adding at the end the following: 

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

14 event shall be valued at the face value of the ticket, pro15 vided that in the case of a ticket without a face value, 

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

17 with a face value for the event.’’. 

18 TITLE IV—OVERSIGHT OF 

19 LOBBYING AND ENFORCEMENT 

20 SEC. 401. AUDITS OF LOBBYING REPORTS BY HOUSE IN21 SPECTOR GENERAL. 

22 (a) ACCESS TO LOBBYING REPORTS.—The Office of 

23 Inspector General of the House of Representatives shall 

24 have access to all lobbyists’ disclosure information received 

25 by the Clerk of the House of Representatives under the 
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1 Lobbying Disclosure Act of 1995 and shall conduct ran2 dom audits of lobbyists’ disclosure information as nec3 essary to ensure compliance with that Act. 

4 (b) REFERRAL AUTHORITY.—The Office of the In5 spector General of the House of Representatives may refer 

6 potential violations by lobbyists of the Lobbying Disclo7 sure Act of 1995 to the Department of Justice for discipli8 nary action. 

9 SEC. 402. HOUSE INSPECTOR GENERAL REVIEW AND AN10 NUAL REPORTS. 

11 (a) ONGOING REVIEW REQUIRED.—The Inspector 

12 General of the House of Representatives shall review on 

13 an ongoing basis the activities carried out by the Clerk 

14 of the House of Representatives under section 6 of the 

15 Lobbying Disclosure Act of 1995 (2 U.S.C. 1605). The 

16 review shall emphasize— 

17 (1) the effectiveness of those activities in secur18 ing the compliance by lobbyists with the require19 ments of that Act; and 

20 (2) whether the Clerk has the resources and au21 thorities needed for effective oversight and enforce22 ment of that Act. 

23 (b) ANNUAL REPORTS.—Not later than December 31 

24 of each year, the Inspector General of the House of Rep25 resentatives shall submit to the House of Representatives 
25

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1 a report on the review required by subsection (a). The re2 port shall include the Inspector General’s assessment of 

3 the matters required to be emphasized by that subsection 

4 and any recommendations of the Inspector General to— 

5 (1) improve the compliance by lobbyists with 

6 the requirements of the Lobbying Disclosure Act of 

7 1995; and 

8 (2) provide the Clerk of the House of Rep9 resentatives with the resources and authorities need10 ed for effective oversight and enforcement of that 

11 Act. 

12 TITLE V—INSTITUTIONAL 

13 REFORMS 

14 SEC. 501. EARMARKING REFORM. 

15 (a) In the House of Representatives, it shall not be 

16 in order to consider—

17 (1) a general appropriation bill reported by the 

18 Committee on Appropriations unless the report in19 cludes a list of earmarks in the bill or in the report 

20 (and the names of Members who submitted requests 

21 to the Committee on Appropriations for earmarks 

22 included in such list); or 

23 (2) a conference report to accompany a general 

24 appropriation bill unless the joint explanatory state25 ment prepared by the managers on the part of the 
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•HR 4975 EH 

1 House and the managers on the part of the Senate 

2 includes a list of earmarks in the conference report 

3 or joint statement (and the names of Members who 

4 submitted requests to the Committee on Appropria5 tions for earmarks included in such list) that were—

6 (A) not committed to the conference com7 mittee by either House; 

8 (B) not in the report specified in para9 graph (1); and 

10 (C) not in a report of a committee of the 

11 Senate on a companion measure. 

12 (b) In the House of Representatives, it shall not be 

13 in order to consider a rule or order that waives the appli14 cation of subsection (a)(2). 

15 (c)(1) A point of order raised under subsection (a)(1) 

16 may be based only on the failure of a report of the Com17 mittee on Appropriations to include the list required by 

18 subsection (a)(1). 

19 (2) As disposition of a point of order under 

20 subsection (a), the Chair shall put the question of 

21 consideration with respect to the proposition that is 

22 the subject of the point of order. 

23 (3) As disposition of a point of order under 

24 subsection (b) with respect to a rule or order relat25 ing to a conference report, the Chair shall put the 
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1 question of consideration as follows: ‘‘Shall the 

2 House now consider the resolution notwithstanding 

3 the assertion of [the maker of the point of order] 

4 that the object of the resolution introduces a new 

5 earmark or new earmarks?’’. 

6 (4) The question of consideration under this 

7 subsection shall be debatable for 15 minutes by the 

8 Member initiating the point of order and for 15 min9 utes by an opponent, but shall otherwise be decided 

10 without intervening motion except one that the 

11 House adjourn. 

12 (d)(1) For the purpose of this resolution, the term 

13 ‘‘earmark’’ means a provision in a bill or conference re14 port, or language in an accompanying committee report 

15 or joint statement of managers, providing or recom16 mending a specific amount of discretionary budget author17 ity to a non-Federal entity, if such entity is specifically 

18 identified in the report or bill; or if the discretionary budg19 et authority is allocated outside of the normal formula20 driven or competitive bidding process and is targeted or 

21 directed to an identifiable person, specific State, or con22 gressional district. 

23 (2) For the purpose of subsection (a), government24 sponsored enterprises, Federal facilities, and Federal 

25 lands shall be considered Federal entities. 
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1 (3) For the purpose of subsection (a), to the extent 

2 that the non-Federal entity is a State or territory, an In3 dian tribe, a foreign government or an intergovernmental 

4 international organization, the provision or language shall 

5 not be considered an earmark unless the provision or lan6 guage also specifies the specific purpose for which the des7 ignated budget authority is to be expended. 

8 SEC. 502. MANDATORY ETHICS TRAINING FOR HOUSE EM9 PLOYEES. 

10 (a) MANDATORY ETHICS TRAINING FOR HOUSE EM11 PLOYEES.—

12 (1) CHIEF ADMINISTRATIVE OFFICER.—Clause 

13 4 of rule II of the Rules of the House of Representa14 tives is amended by inserting the following new 

15 paragraph at the end: 

16 ‘‘(d) The Chief Administrative Officer may not pay 

17 any compensation to any employee of the House with re18 spect to any pay period during which the employee, as de19 termined by the Committee on Standards of Official Con20 duct, is not in compliance with the applicable requirements 

21 of regulations promulgated pursuant to clause 3(r) of Rule 

22 XI.’’. 

23 (2) MANDATORY ETHICS TRAINING PROGRAM.—

24 Clause 3 of rule XI of the Rules of the House of 
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•HR 4975 EH 

1 Representatives is amended by adding at the end the 

2 following: 

3 ‘‘(r) The committee shall establish a program of reg4 ular ethics training for employees of the House and pro5 mulgate regulations providing for the following: 

6 ‘‘(1)(A) Except as otherwise provided, all em7 ployees of the House are required to complete ethics 

8 training offered by the committee at least once dur9 ing each congress. Any employee who is hired after 

10 the date of adoption of such rules is required to 

11 complete such training within 30 days of being 

12 hired. 

13 ‘‘(B) Any employee of the House who works in 

14 a Member’s district office shall not be required to 

15 complete such ethics training until 30 days after the 

16 district office has received a notice from the Com17 mittee on Standards of Official Conduct that the re18 quired ethics training program is available on the 

19 Internet. 

20 ‘‘(2) After any employee of the House com21 pletes such ethics training, that employee shall file 

22 a written certification with the committee that he is 

23 familiar with the contents of any pertinent publica24 tions that are so designated by the committee and 

25 has completed the required ethics training. 
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1 ‘‘(3) As used in this paragraph, the term ‘em2 ployee of the House’ refers to any individual whose 

3 compensation is disbursed by the Chief Administra4 tive Officer, including any staff assigned to a Mem5 ber’s personal office, any staff of a committee or 

6 leadership office, or any employee of the Office of 

7 the Clerk, of the Office of the Chief Administrative 

8 Officer, or of the Sergeant-at-Arms, but does not in9 clude a Member, Delegate, or Resident Commis10 sioner.’’. 

11 (b) ETHICS TRAINING FOR MEMBERS, DELEGATES, 

12 AND THE RESIDENT COMMISSIONER.—Clause 3 of rule XI 

13 of the Rules of the House of Representatives is amended 

14 by inserting at the end: 

15 ‘‘(s)(1) The committee shall establish a program of 

16 regular ethics training for Members, Delegates, and the 

17 Resident Commissioner similar to the program established 

18 in paragraph (r). 

19 ‘‘(2) The committee shall publish a list of Members 

20 who have and have not completed such ethics training 

21 within the first one hundred calendar days after being 

22 sworn-in during each Congress. The committee shall up23 date this list with the names of Members who complete 

24 the training after the deadline with the date on which the 

25 training was completed. 
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1 ‘‘(3) Publication of the list of Members who have and 

2 have not completed the ethics training shall be made avail3 able on the official website of the committee and published 

4 in the Congressional Record.’’. 

5 SEC. 503. BIENNIAL PUBLICATION OF ETHICS MANUAL. 

6 Within 120 days after the date of enactment of this 

7 Act and during each Congress thereafter, the Committee 

8 on Standards of Official Conduct shall publish an up-to9 date ethics manual for Members, officers, and employees 

10 of the House of Representatives and make such manual 

11 available to all such individuals. The committee has a duty 

12 to keep all Members, Delegates, the Resident Commis13 sioner, officers, and employees of the House of Represent14 atives apprised of current rulings or advisory opinions 

15 when potentially constituting changes to or interpretations 

16 of existing policies. 

17 TITLE VI—FORFEITURE OF 

18 RETIREMENT BENEFITS 

19 SEC. 601. LOSS OF PENSIONS ACCRUED DURING SERVICE 

20 AS A MEMBER OF CONGRESS FOR ABUSING 

21 THE PUBLIC TRUST. 

22 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

23 8332 of title 5, United States Code, is amended by adding 

24 at the end the following: 
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1 ‘‘(o)(1) Notwithstanding any other provision of this 

2 subchapter, the service of an individual finally convicted 

3 of an offense described in paragraph (2) shall not be taken 

4 into account for purposes of this subchapter, except that 

5 this sentence applies only to service rendered as a Member 

6 (irrespective of when rendered). Any such individual (or 

7 other person determined under section 8342(c), if applica8 ble) shall be entitled to be paid so much of such individ9 ual’s lump-sum credit as is attributable to service to which 

10 the preceding sentence applies. 

11 ‘‘(2)(A) An offense described in this paragraph is any 

12 offense described in subparagraph (B) for which the fol13 lowing apply: 

14 ‘‘(i) Every act or omission of the individual (re15 ferred to in paragraph (1)) that is needed to satisfy 

16 the elements of the offense occurs while the indi17 vidual is a Member. 

18 ‘‘(ii) Every act or omission of the individual 

19 that is needed to satisfy the elements of the offense 

20 directly relates to the performance of the individual’s 

21 official duties as a Member. 

22 ‘‘(iii) The offense is committed after the date of 

23 enactment of this subsection. 
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1 ‘‘(B) An offense described in this subparagraph is 

2 only the following, and only to the extent that the offense 

3 is a felony under title 18: 

4 ‘‘(i) An offense under section 201 of title 18 

5 (bribery of public officials and witnesses). 

6 ‘‘(ii) An offense under section 219 of title 18 

7 (officers and employees acting as agents of foreign 

8 principals). 

9 ‘‘(iii) An offense under section 371 of title 18 

10 (conspiracy to commit offense or to defraud United 

11 States) to the extent of any conspiracy to commit an 

12 act which constitutes an offense under clause (i) or 

13 (ii). 

14 ‘‘(3) An individual convicted of an offense described 

15 in paragraph (2) shall not, after the date of the final con16 viction, be eligible to participate in the retirement system 

17 under this subchapter or chapter 84 while serving as a 

18 Member. 

19 ‘‘(4) The Office of Personnel Management shall pre20 scribe any regulations necessary to carry out this sub21 section. Such regulations shall include—

22 ‘‘(A) provisions under which interest on any 

23 lump-sum payment under the second sentence of 

24 paragraph (1) shall be limited in a manner similar 
34

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1 to that specified in the last sentence of section 

2 8316(b); and 

3 ‘‘(B) provisions under which the Office may 

4 provide for—

5 ‘‘(i) the payment, to the spouse or children 

6 of any individual referred to in the first sen7 tence of paragraph (1), of any amounts which 

8 (but for this clause) would otherwise have been 

9 nonpayable by reason of such first sentence, but 

10 only to the extent that the application of this 

11 clause is considered necessary given the totality 

12 of the circumstances; and 

13 ‘‘(ii) an appropriate adjustment in the 

14 amount of any lump-sum payment under the 

15 second sentence of paragraph (1) to reflect the 

16 application of clause (i). 

17 ‘‘(5) For purposes of this subsection—

18 ‘‘(A) the term ‘Member’ has the meaning given 

19 such term by section 2106, notwithstanding section 

20 8331(2); and 

21 ‘‘(B) the term ‘child’ has the meaning given 

22 such term by section 8341.’’. 

23 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

24 Section 8411 of title 5, United States Code, is amended 

25 by adding at the end the following: 
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1 ‘‘(l)(1) Notwithstanding any other provision of this 

2 chapter, the service of an individual finally convicted of 

3 an offense described in paragraph (2) shall not be taken 

4 into account for purposes of this chapter, except that this 

5 sentence applies only to service rendered as a Member (ir6 respective of when rendered). Any such individual (or 

7 other person determined under section 8424(d), if applica8 ble) shall be entitled to be paid so much of such individ9 ual’s lump-sum credit as is attributable to service to which 

10 the preceding sentence applies. 

11 ‘‘(2) An offense described in this paragraph is any 

12 offense described in section 8332(o)(2)(B) for which the 

13 following apply: 

14 ‘‘(A) Every act or omission of the individual 

15 (referred to in paragraph (1)) that is needed to sat16 isfy the elements of the offense occurs while the in17 dividual is a Member. 

18 ‘‘(B) Every act or omission of the individual 

19 that is needed to satisfy the elements of the offense 

20 directly relates to the performance of the individual’s 

21 official duties as a Member. 

22 ‘‘(C) The offense is committed after the date of 

23 enactment of this subsection. 

24 ‘‘(3) An individual finally convicted of an offense de25 scribed in paragraph (2) shall not, after the date of the 
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•HR 4975 EH 

1 conviction, be eligible to participate in the retirement sys2 tem under this chapter while serving as a Member. 

3 ‘‘(4) The Office of Personnel Management shall pre4 scribe any regulations necessary to carry out this sub5 section. Such regulations shall include—

6 ‘‘(A) provisions under which interest on any 

7 lump-sum payment under the second sentence of 

8 paragraph (1) shall be limited in a manner similar 

9 to that specified in the last sentence of section 

10 8316(b); and 

11 ‘‘(B) provisions under which the Office may 

12 provide for—

13 ‘‘(i) the payment, to the spouse or children 

14 of any individual referred to in the first sen15 tence of paragraph (1), of any amounts which 

16 (but for this clause) would otherwise have been 

17 nonpayable by reason of such first sentence, but 

18 only to the extent that the application of this 

19 clause is considered necessary given the totality 

20 of the circumstances; and 

21 ‘‘(ii) an appropriate adjustment in the 

22 amount of any lump-sum payment under the 

23 second sentence of paragraph (1) to reflect the 

24 application of clause (i). 

25 ‘‘(5) For purposes of this subsection—
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•HR 4975 EH 

1 ‘‘(A) the term ‘Member’ has the meaning given 

2 such term by section 2106, notwithstanding section 

3 8401(20); and 

4 ‘‘(B) the term ‘child’ has the meaning given 

5 such term by section 8341.’’. 

6 TITLE VII—LEADERSHIP PACS 

7 SEC. 701. RESTRICTIONS ON DISPOSITION OF FUNDS BY 

8 LEADERSHIP PACS. 

9 (a) RESTRICTIONS.—Section 313 of the Federal 

10 Election Campaign Act of 1971 (2 U.S.C. 439a) is amend11 ed—

12 (1) by redesignating subsection (b) as sub13 section (c); and 

14 (2) by inserting after subsection (a) the fol15 lowing new subsection: 

16 ‘‘(b) USE OF FUNDS BY LEADERSHIP PACS.—

17 ‘‘(1) USES PERMITTED.—The funds of a leader18 ship PAC may be used by the leadership PAC—

19 ‘‘(A) for otherwise authorized expenditures 

20 in connection with campaigns for election for 

21 Federal office; 

22 ‘‘(B) for charitable contributions described 

23 in section 170(c) of the Internal Revenue Code 

24 of 1986; or 
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•HR 4975 EH 

1 ‘‘(C) for transfers to a national, State, or 

2 local committee of a political party (subject to 

3 the applicable limitations of this Act). 

4 ‘‘(2) LEADERSHIP PAC DEFINED.—In this sub5 section, the term ‘leadership PAC’ means a political 

6 committee which is directly or indirectly established, 

7 maintained, or controlled by a candidate for election 

8 for Federal office or an individual holding Federal 

9 office but is not an authorized committee of the can10 didate or individual, except that such term does not 

11 include any political committee of a political party.’’. 

12 (b) CONFORMING AMENDMENT REGARDING CONVER13 SION OF FUNDS TO PERSONAL USE.—Section 313(c) of 

14 such Act (2 U.S.C. 439a(c)), as redesignated by sub15 section (a), is amended by inserting after ‘‘subsection (a)’’ 

16 the following: ‘‘or funds of a leadership PAC described in 

17 subsection (b)’’. 

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

19 this section shall apply with respect to elections occurring 

20 after December 2006. 

21 TITLE VIII—ETHICS TRAINING 

22 FOR LOBBYISTS 

23 SEC. 801. ETHICS TRAINING FOR LOBBYISTS. 

24 (a) TRAINING COURSE.—During each Congress, the 

25 Committee on Standards of Official Conduct of the House 
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1 of Representatives shall provide an 8-hour ethics training 

2 course to persons registered as lobbyists under the Lob3 bying Disclosure Act of 1995. 

4 (b) CONTENTS OF COURSE.—Training under sub5 section (a) shall cover information on the code of conduct 

6 and disclosure requirements applicable to Members, offi7 cers, and employees of the House of Representatives, in8 cluding rules relating to acceptance of gifts (including 

9 travel and meals), and financial disclosure requirements 

10 under the Ethics in Government Act of 1978. 

11 (c) PENALTIES FOR FAILURE TO COMPLETE TRAIN12 ING.—Any person who is registered or required to register 

13 as a lobbyist under the Lobbying Disclosure Act of 1995 

14 and who fails to complete the training course under sub15 section (a) at least once during each Congress shall be 

16 subject to the penalties under section 7 of that Act to the 

17 same extent as a failure to comply with any provision of 

18 that Act. 

19 TITLE IX—MISCELLANEOUS 

20 PROVISIONS 

21 SEC. 901. BRIBERY. 

22 Section 201(a)(3) of title 18, United States Code, is 

23 amended by inserting ‘‘including an earmark as defined 

24 in section 501(d) of the Lobbying Accountability and 

25 Transparency Act of 2006,’’ after ‘‘controversy,’’. 
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1 TITLE X—527 REFORM ACT OF 

2 2006

3 SEC. 1001. SHORT TITLE. 

4 This title may be cited as the ‘‘527 Reform Act of 

5 2006’’. 

6 SEC. 1002. TREATMENT OF SECTION 527 ORGANIZATIONS. 

7 (a) DEFINITION OF POLITICAL COMMITTEE.—Sec8 tion 301(4) of the Federal Election Campaign Act of 1971 

9 (2 U.S.C. 431(4)) is amended—

10 (1) by striking the period at the end of sub11 paragraph (C) and inserting ‘‘; or’’; and 

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

13 ‘‘(D) any applicable 527 organization.’’. 

14 (b) DEFINITION OF APPLICABLE 527 ORGANIZA15 TION.—Section 301 of such Act (2 U.S.C. 431) is amend16 ed by adding at the end the following new paragraph: 

17 ‘‘(27) APPLICABLE 527 ORGANIZATION.—

18 ‘‘(A) IN GENERAL.—For purposes of paragraph 

19 (4)(D), the term ‘applicable 527 organization’ means 

20 a committee, club, association, or group of persons 

21 that—

22 ‘‘(i) has given notice to the Secretary of 

23 the Treasury under section 527(i) of the Inter24 nal Revenue Code of 1986 that it is to be treat-
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1 ed as an organization described in section 527 

2 of such Code; and 

3 ‘‘(ii) is not described in subparagraph (B). 

4 ‘‘(B) EXCEPTED ORGANIZATIONS.—A com5 mittee, club, association, or other group of persons 

6 described in this subparagraph is—

7 ‘‘(i) an organization described in section 

8 527(i)(5) of the Internal Revenue Code of 

9 1986; 

10 ‘‘(ii) an organization which is a committee, 

11 club, association or other group of persons that 

12 is organized, operated, and makes disburse13 ments exclusively for paying expenses described 

14 in the last sentence of section 527(e)(2) of the 

15 Internal Revenue Code of 1986 or expenses of 

16 a newsletter fund described in section 527(g) of 

17 such Code; 

18 ‘‘(iii) an organization which is a com19 mittee, club, association, or other group that 

20 consists solely of candidates for State or local 

21 office, individuals holding State or local office, 

22 or any combination of either, but only if the or23 ganization refers only to one or more non-Fed24 eral candidates or applicable State or local 

25 issues in all of its voter drive activities and does 
42

•HR 4975 EH 

1 not refer to a Federal candidate or a political 

2 party in any of its voter drive activities; or 

3 ‘‘(iv) an organization described in subpara4 graph (C). 

5 ‘‘(C) APPLICABLE ORGANIZATION.—For pur6 poses of subparagraph (B)(iv), an organization de7 scribed in this subparagraph is a committee, club, 

8 association, or other group of persons whose election 

9 or nomination activities relate exclusively to—

10 ‘‘(i) elections where no candidate for Fed11 eral office appears on the ballot; or 

12 ‘‘(ii) one or more of the following purposes: 

13 ‘‘(I) Influencing the selection, nomina14 tion, election, or appointment of one or 

15 more candidates to non-Federal offices. 

16 ‘‘(II) Influencing one or more applica17 ble State or local issues. 

18 ‘‘(III) Influencing the selection, ap19 pointment, nomination, or confirmation of 

20 one or more individuals to non-elected of21 fices. 

22 ‘‘(D) EXCLUSIVITY TEST.—A committee, club, 

23 association, or other group of persons shall not be 

24 treated as meeting the exclusivity requirement of 
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1 subparagraph (C) if it makes disbursements aggre2 gating more than $1,000 for any of the following: 

3 ‘‘(i) A public communication that pro4 motes, supports, attacks, or opposes a clearly 

5 identified candidate for Federal office during 

6 the 1-year period ending on the date of the gen7 eral election for the office sought by the clearly 

8 identified candidate (or, if a runoff election is 

9 held with respect to such general election, on 

10 the date of the runoff election). 

11 ‘‘(ii) Any voter drive activity during a cal12 endar year, except that no disbursements for 

13 any voter drive activity shall be taken into ac14 count under this subparagraph if the com15 mittee, club, association, or other group of per16 sons during such calendar year—

17 ‘‘(I) makes disbursements for voter 

18 drive activities with respect to elections in 

19 only 1 State and complies with all applica20 ble election laws of that State, including 

21 laws related to registration and reporting 

22 requirements and contribution limitations; 

23 ‘‘(II) refers to one or more non-Fed24 eral candidates or applicable State or local 

25 issues in all of its voter drive activities and 
44

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1 does not refer to any Federal candidate or 

2 any political party in any of its voter drive 

3 activities; 

4 ‘‘(III) does not have a candidate for 

5 Federal office, an individual who holds any 

6 Federal office, a national political party, or 

7 an agent of any of the foregoing, control or 

8 materially participate in the direction of 

9 the organization, solicit contributions to 

10 the organization (other than funds which 

11 are described under clauses (i) and (ii) of 

12 section 323(e)(1)(B)), or direct disburse13 ments, in whole or in part, by the organi14 zation; and 

15 ‘‘(IV) makes no contributions to Fed16 eral candidates. 

17 ‘‘(E) CERTAIN REFERENCES TO FEDERAL CAN18 DIDATES NOT TAKEN INTO ACCOUNT.—For purposes 

19 of subparagraphs (B)(iii) and (D)(ii)(II), a voter 

20 drive activity shall not be treated as referring to a 

21 clearly identified Federal candidate if the only ref22 erence to the candidate in the activity is—

23 ‘‘(i) a reference in connection with an elec24 tion for a non-Federal office in which such Fed-
45

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1 eral candidate is also a candidate for such non2 Federal office; or 

3 ‘‘(ii) a reference to the fact that the can4 didate has endorsed a non-Federal candidate or 

5 has taken a position on an applicable State or 

6 local issue, including a reference that con7 stitutes the endorsement or position itself. 

8 ‘‘(F) CERTAIN REFERENCES TO POLITICAL

9 PARTIES NOT TAKEN INTO ACCOUNT.—For purposes 

10 of subparagraphs (B)(iii) and (D)(ii)(II), a voter 

11 drive activity shall not be treated as referring to a 

12 political party if the only reference to the party in 

13 the activity is—

14 ‘‘(i) a reference for the purpose of identi15 fying a non-Federal candidate; 

16 ‘‘(ii) a reference for the purpose of identi17 fying the entity making the public communica18 tion or carrying out the voter drive activity; or 

19 ‘‘(iii) a reference in a manner or context 

20 that does not reflect support for or opposition 

21 to a Federal candidate or candidates and does 

22 reflect support for or opposition to a State or 

23 local candidate or candidates or an applicable 

24 State or local issue. 
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1 ‘‘(G) APPLICABLE STATE OR LOCAL ISSUE.—

2 For purposes of this paragraph, the term ‘applicable 

3 State or local issue’ means any State or local ballot 

4 initiative, State or local referendum, State or local 

5 constitutional amendment, State or local bond issue, 

6 or other State or local ballot issue.’’. 

7 (c) DEFINITION OF VOTER DRIVE ACTIVITY.—Sec8 tion 301 of such Act (2 U.S.C. 431), as amended by sub9 section (b), is further amended by adding at the end the 

10 following new paragraph: 

11 ‘‘(28) VOTER DRIVE ACTIVITY.—The term ‘voter 

12 drive activity’ means any of the following activities con13 ducted in connection with an election in which a candidate 

14 for Federal office appears on the ballot (regardless of 

15 whether a candidate for State or local office also appears 

16 on the ballot): 

17 ‘‘(A) Voter registration activity. 

18 ‘‘(B) Voter identification. 

19 ‘‘(C) Get-out-the-vote activity. 

20 ‘‘(D) Generic campaign activity. 

21 ‘‘(E) Any public communication related to ac22 tivities described in subparagraphs (A) through (D). 

23 Such term shall not include any activity described in sub24 paragraph (A) or (B) of section 316(b)(2).’’. 
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1 SEC. 1003. RULES FOR ALLOCATION OF EXPENSES BE2 TWEEN FEDERAL AND NON-FEDERAL ACTIVI3 TIES. 

4 (a) IN GENERAL.—Title III of the Federal Election 

5 Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended 

6 by adding at the end the following: 

7 ‘‘SEC. 325. ALLOCATION AND FUNDING RULES FOR CER8 TAIN EXPENSES RELATING TO FEDERAL AND 

9 NON-FEDERAL ACTIVITIES. 

10 ‘‘(a) IN GENERAL.—In the case of any disbursements 

11 by any political committee that is a separate segregated 

12 fund or nonconnected committee for which allocation rules 

13 are provided under subsection (b)—

14 ‘‘(1) the disbursements shall be allocated be15 tween Federal and non-Federal accounts in accord16 ance with this section and regulations prescribed by 

17 the Commission; and 

18 ‘‘(2) in the case of disbursements allocated to 

19 non-Federal accounts, may be paid only from a 

20 qualified non-Federal account. 

21 ‘‘(b) COSTS TO BE ALLOCATED AND ALLOCATION

22 RULES.—

23 ‘‘(1) IN GENERAL.—Disbursements by any sep24 arate segregated fund or nonconnected committee, 

25 other than an organization described in section 
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1 323(b)(1), for any of the following categories of ac2 tivity shall be allocated as follows: 

3 ‘‘(A) 100 percent of the expenses for public 

4 communications or voter drive activities that 

5 refer to one or more clearly identified Federal 

6 candidates, but do not refer to any clearly iden7 tified non-Federal candidates, shall be paid with 

8 funds from a Federal account, without regard 

9 to whether the communication refers to a polit10 ical party. 

11 ‘‘(B) At least 50 percent, or a greater per12 centage if the Commission so determines by 

13 regulation, of the expenses for public commu14 nications and voter drive activities that refer to 

15 one or more clearly identified candidates for 

16 Federal office and one or more clearly identified 

17 non-Federal candidates shall be paid with funds 

18 from a Federal account, without regard to 

19 whether the communication refers to a political 

20 party. 

21 ‘‘(C) At least 50 percent, or a greater per22 centage if the Commission so determines by 

23 regulation, of the expenses for public commu24 nications or voter drive activities that refer to 

25 a political party, but do not refer to any clearly 
49

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1 identified Federal or non-Federal candidate, 

2 shall be paid with funds from a Federal ac3 count, except that this paragraph shall not 

4 apply to communications or activities that re5 late exclusively to elections where no candidate 

6 for Federal office appears on the ballot. 

7 ‘‘(D) At least 50 percent, or a greater per8 centage if the Commission so determines by 

9 regulation, of the expenses for public commu10 nications or voter drive activities that refer to 

11 a political party and refer to one or more clear12 ly identified non-Federal candidates, but do not 

13 refer to any clearly identified Federal can14 didates, shall be paid with funds from a Federal 

15 account, except that this paragraph shall not 

16 apply to communications or activities that re17 late exclusively to elections where no candidate 

18 for Federal office appears on the ballot. 

19 ‘‘(E) Unless otherwise determined by the 

20 Commission in its regulations, at least 50 per21 cent of any administrative expenses, including 

22 rent, utilities, office supplies, and salaries not 

23 attributable to a clearly identified candidate, 

24 shall be paid with funds from a Federal ac25 count, except that for a separate segregated 
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1 fund such expenses may be paid instead by its 

2 connected organization. 

3 ‘‘(F) At least 50 percent, or a greater per4 centage if the Commission so determines by 

5 regulation, of the direct costs of a fundraising 

6 program or event, including disbursements for 

7 solicitation of funds and for planning and ad8 ministration of actual fundraising events, where 

9 Federal and non-Federal funds are collected 

10 through such program or event shall be paid 

11 with funds from a Federal account, except that 

12 for a separate segregated fund such costs may 

13 be paid instead by its connected organization. 

14 This paragraph shall not apply to any fund15 raising solicitations or any other activity that 

16 constitutes a public communication. 

17 ‘‘(2) CERTAIN REFERENCES TO FEDERAL CAN18 DIDATES NOT TAKEN INTO ACCOUNT.—For purposes 

19 of paragraph (1), a public communication or voter 

20 drive activity shall not be treated as referring to a 

21 clearly identified Federal candidate if the only ref22 erence to the candidate in the communication or ac23 tivity is—

24 ‘‘(A) a reference in connection with an 

25 election for a non-Federal office in which such 
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1 Federal candidate is also a candidate for such 

2 non-Federal office; or 

3 ‘‘(B) a reference to the fact that the can4 didate has endorsed a non-Federal candidate or 

5 has taken a position on an applicable State or 

6 local issue (as defined in section 301(27)(G)), 

7 including a reference that constitutes the en8 dorsement or position itself. 

9 ‘‘(3) CERTAIN REFERENCES TO POLITICAL PAR10 TIES NOT TAKEN INTO ACCOUNT.—For purposes of 

11 paragraph (1), a public communication or voter 

12 drive activity shall not be treated as referring to a 

13 political party if the only reference to the party in 

14 the communication or activity is—

15 ‘‘(A) a reference for the purpose of identi16 fying a non-Federal candidate; 

17 ‘‘(B) a reference for the purpose of identi18 fying the entity making the public communica19 tion or carrying out the voter drive activity; or 

20 ‘‘(C) a reference in a manner or context 

21 that does not reflect support for or opposition 

22 to a Federal candidate or candidates and does 

23 reflect support for or opposition to a State or 

24 local candidate or candidates or an applicable 

25 State or local issue. 
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1 ‘‘(c) QUALIFIED NON-FEDERAL ACCOUNT.—

2 ‘‘(1) IN GENERAL.—For purposes of this sec3 tion, the term ‘qualified non-Federal account’ means 

4 an account which consists solely of amounts—

5 ‘‘(A) that, subject to the limitations of 

6 paragraphs (2) and (3), are raised by the sepa7 rate segregated fund or nonconnected com8 mittee only from individuals, and 

9 ‘‘(B) with respect to which all require10 ments of Federal, State, or local law (including 

11 any law relating to contribution limits) are met. 

12 ‘‘(2) LIMITATION ON INDIVIDUAL DONA13 TIONS.—

14 ‘‘(A) IN GENERAL.—A separate segregated 

15 fund or nonconnected committee may not ac16 cept more than $25,000 in funds for its quali17 fied non-Federal account from any one indi18 vidual in any calendar year. 

19 ‘‘(B) AFFILIATION.—For purposes of this 

20 paragraph, all qualified non-Federal accounts of 

21 separate segregated funds or nonconnected 

22 committees which are directly or indirectly es23 tablished, financed, maintained, or controlled by 

24 the same person or persons shall be treated as 

25 one account. 
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1 ‘‘(3) FUNDRAISING LIMITATION.—

2 ‘‘(A) IN GENERAL.—No donation to a 

3 qualified non-Federal account may be solicited, 

4 received, directed, transferred, or spent by or in 

5 the name of any person described in subsection 

6 (a) or (e) of section 323. 

7 ‘‘(B) FUNDS NOT TREATED AS SUBJECT

8 TO ACT.—Except as provided in subsection 

9 (a)(2) and this subsection, any funds raised for 

10 a qualified non-Federal account in accordance 

11 with the requirements of this section shall not 

12 be considered funds subject to the limitations, 

13 prohibitions, and reporting requirements of this 

14 Act for any purpose (including for purposes of 

15 subsection (a) or (e) of section 323 or sub16 section (d)(1) of this section). 

17 ‘‘(d) DEFINITIONS.—

18 ‘‘(1) FEDERAL ACCOUNT.—The term ‘Federal 

19 account’ means an account which consists solely of 

20 contributions subject to the limitations, prohibitions, 

21 and reporting requirements of this Act. Nothing in 

22 this section or in section 323(b)(2)(B)(iii) shall be 

23 construed to infer that a limit other than the limit 

24 under section 315(a)(1)(C) applies to contributions 

25 to the account. 
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•HR 4975 EH 

1 ‘‘(2) NONCONNECTED COMMITTEE.—The term 

2 ‘nonconnected committee’ shall not include a polit3 ical committee of a political party. 

4 ‘‘(3) VOTER DRIVE ACTIVITY.—The term ‘voter 

5 drive activity’ has the meaning given such term in 

6 section 301(28).’’. 

7 (b) REPORTING REQUIREMENTS.—Section 304(e) of 

8 the Federal Election Campaign Act of 1971 (2 U.S.C. 

9 434(e)) is amended—

10 (1) by redesignating paragraphs (3) and (4) as 

11 paragraphs (4) and (5); and 

12 (2) by inserting after paragraph (2) the fol13 lowing new paragraph: 

14 ‘‘(3) RECEIPTS AND DISBURSEMENTS FROM

15 QUALIFIED NON-FEDERAL ACCOUNTS.—In addition 

16 to any other reporting requirement applicable under 

17 this Act, a political committee to which section 

18 325(a) applies shall report all receipts and disburse19 ments from a qualified non-Federal account (as de20 fined in section 325(c)).’’. 
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•HR 4975 EH 

1 SEC. 1004. REPEAL OF LIMIT ON AMOUNT OF PARTY EX2 PENDITURES ON BEHALF OF CANDIDATES IN 

3 GENERAL ELECTIONS. 

4 (a) REPEAL OF LIMIT.—Section 315(d) of the Fed5 eral Election Campaign Act of 1971 (2 U.S.C. 441a(d)) 

6 is amended—

7 (1) in paragraph (1)—

8 (A) by striking ‘‘(1) Notwithstanding any 

9 other provision of law with respect to limita10 tions on expenditures or limitations on con11 tributions, the national committee’’ and insert12 ing ‘‘Notwithstanding any other provision of 

13 law with respect to limitations on amounts of 

14 expenditures or contributions, a national com15 mittee’’, 

16 (B) by striking ‘‘the general’’ and inserting 

17 ‘‘any’’, and 

18 (C) by striking ‘‘Federal office, subject to 

19 the limitations contained in paragraphs (2), (3), 

20 and (4) of this subsection’’ and inserting ‘‘Fed21 eral office in any amount’’; and 

22 (2) by striking paragraphs (2), (3), and (4). 

23 (b) CONFORMING AMENDMENTS.—

24 (1) INDEXING.—Section 315(c) of such Act (2 

25 U.S.C. 441a(c)) is amended—
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•HR 4975 EH 

1 (A) in paragraph (1)(B)(i), by striking 

2 ‘‘(d),’’; and 

3 (B) in paragraph (2)(B)(i), by striking 

4 ‘‘subsections (b) and (d)’’ and inserting ‘‘sub5 section (b)’’. 

6 (2) INCREASE IN LIMITS FOR SENATE CAN7 DIDATES FACING WEALTHY OPPONENTS.—Section 

8 315(i) of such Act (2 U.S.C. 441a(i)(1)) is amend9 ed—

10 (A) in paragraph (1)(C)(iii)—

11 (i) by adding ‘‘and’’ at the end of sub12 clause (I), 

13 (ii) in subclause (II), by striking ‘‘; 

14 and’’ and inserting a period, and 

15 (iii) by striking subclause (III); 

16 (B) in paragraph (2)(A) in the matter pre17 ceding clause (i), by striking ‘‘, and a party 

18 committee shall not make any expenditure,’’; 

19 (C) in paragraph (2)(A)(ii), by striking 

20 ‘‘and party expenditures previously made’’; and 

21 (D) in paragraph (2)(B), by striking ‘‘and 

22 a party shall not make any expenditure’’. 

23 (3) INCREASE IN LIMITS FOR HOUSE CAN24 DIDATES FACING WEALTHY OPPONENTS.—Section 
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•HR 4975 EH 

1 315A(a) of such Act (2 U.S.C. 441a–1(a)) is amend2 ed—

3 (A) in paragraph (1)—

4 (i) by adding ‘‘and’’ at the end of sub5 paragraph (A), 

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

7 ‘‘; and’’ and inserting a period, and 

8 (iii) by striking subparagraph (C); 

9 (B) in paragraph (3)(A) in the matter pre10 ceding clause (i), by striking ‘‘, and a party 

11 committee shall not make any expenditure,’’; 

12 (C) in paragraph (3)(A)(ii), by striking 

13 ‘‘and party expenditures previously made’’; and 

14 (D) in paragraph (3)(B), by striking ‘‘and 

15 a party shall not make any expenditure’’. 

16 SEC. 1005. CONSTRUCTION. 

17 No provision of this title, or amendment made by this 

18 title, shall be construed—

19 (1) as approving, ratifying, or endorsing a regu20 lation promulgated by the Federal Election Commis21 sion; 

22 (2) as establishing, modifying, or otherwise af23 fecting the definition of political organization for 

24 purposes of the Internal Revenue Code of 1986; or 
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•HR 4975 EH 

1 (3) as affecting the determination of whether a 

2 group organized under section 501(c) of the Internal 

3 Revenue Code of 1986 is a political committee under 

4 section 301(4) of the Federal Election Campaign 

5 Act of 1971. 

6 SEC. 1006. JUDICIAL REVIEW. 

7 (a) SPECIAL RULES FOR ACTIONS BROUGHT ON

8 CONSTITUTIONAL GROUNDS.—If any action is brought for 

9 declaratory or injunctive relief to challenge the constitu10 tionality of any provision of this title or any amendment 

11 made by this title, the following rules shall apply: 

12 (1) The action shall be filed in the United 

13 States District Court for the District of Columbia 

14 and shall be heard by a 3-judge court convened pur15 suant to section 2284 of title 28, United States 

16 Code. 

17 (2) A copy of the complaint shall be delivered 

18 promptly to the Clerk of the House of Representa19 tives and the Secretary of the Senate. 

20 (3) A final decision in the action shall be re21 viewable only by appeal directly to the Supreme 

22 Court of the United States. Such appeal shall be 

23 taken by the filing of a notice of appeal within 10 

24 days, and the filing of a jurisdictional statement 

25 within 30 days, of the entry of the final decision. 
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1 (4) It shall be the duty of the United States 

2 District Court for the District of Columbia and the 

3 Supreme Court of the United States to advance on 

4 the docket and to expedite to the greatest possible 

5 extent the disposition of the action and appeal. 

6 (b) INTERVENTION BY MEMBERS OF CONGRESS.—In 

7 any action in which the constitutionality of any provision 

8 of this title or any amendment made by this title is raised 

9 (including but not limited to an action described in sub10 section (a)), any Member of the House of Representatives 

11 (including a Delegate or Resident Commissioner to Con12 gress) or Senate shall have the right to intervene either 

13 in support of or opposition to the position of a party to 

14 the case regarding the constitutionality of the provision 

15 or amendment. To avoid duplication of efforts and reduce 

16 the burdens placed on the parties to the action, the court 

17 in any such action may make such orders as it considers 

18 necessary, including orders to require intervenors taking 

19 similar positions to file joint papers or to be represented 

20 by a single attorney at oral argument. 

21 (c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

22 Member of Congress may bring an action, subject to the 

23 special rules described in subsection (a), for declaratory 

24 or injunctive relief to challenge the constitutionality of any 

25 provision of this title or any amendment made by this title. 
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1 (d) APPLICABILITY.—

2 (1) INITIAL CLAIMS.—With respect to any ac3 tion initially filed on or before December 31, 2008, 

4 the provisions of subsection (a) shall apply with re5 spect to each action described in such subsection. 

6 (2) SUBSEQUENT ACTIONS.—With respect to 

7 any action initially filed after December 31, 2008, 

8 the provisions of subsection (a) shall not apply to 

9 any action described in such subsection unless the 

10 person filing such action elects such provisions to 

11 apply to the action. 

12 SEC. 1007. EFFECTIVE DATE. 

13 The amendments made by this title shall take effect 

14 on the date of the enactment of this Act.

Passed the House of Representatives May 3, 2006. 

Attest:

Clerk. 
109TH CONGRESS 

2D SESSION H. R. 4975

AN ACT

To provide greater transparency with respect to 

committees, and for other purposes. Revenue Code of 1986 must register as political tions described in section 527 of the Internal Campaign Act of 1971 to clarify when organizalobbying activities, to amend the Federal Election