II 

110TH CONGRESS 

1ST SESSION S. 192 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. MCCAIN (for himself, Mr. LIEBERMAN, Ms. COLLINS, and Mr. FEINGOLD) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide 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, Ethics, and Earmarks Transparency and Ac6 countability Act of 2007’’. 

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 


rwilkins on PROD1PC63 with BILLS
2 

•S 192 IS

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 lobbyist contributions and payments. 

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

TITLE II—SLOWING THE REVOLVING DOOR 

Sec. 201. Post employment restrictions. 

Sec. 202. Additional employment rights. 

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

Sec. 204. Elimination of certain privileges for former Members, Senate officers, 

and Speakers of the House who are lobbyists or seek financial 

gain. 

TITLE III—CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL 

AND LOBBYIST GIFTS 

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

Sec. 302. Increased disclosure of travel by Members. 

Sec. 303. Guidelines respecting travel expenses. 

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

Sec. 305. Ban on gifts from lobbyists. 

TITLE IV—SENATE OFFICE OF PUBLIC INTEGRITY 

Sec. 401. Establishment of Senate Office of Public Integrity. 

Sec. 402. Director. 

Sec. 403. Duties and powers of the office. 

Sec. 404. Investigations and interaction with the Senate Select Committee on 

Ethics. 

Sec. 405. Procedural rules. 

Sec. 406. SOPI employees under the Congressional Accountability Act. 

Sec. 407. Effective date. 

TITLE V—OVERSIGHT OF ETHICS AND LOBBYING 

Sec. 501. Comptroller General review and semiannual reports. 

Sec. 502. Mandatory Senate ethics training for Members and staff. 

TITLE VI—CONGRESSIONAL TRANSPARENCY 

Sec. 601. Reform of consideration of appropriations bills in the Senate. 

Sec. 602. Prohibition on obligation of funds for appropriations earmarks included only in congressional reports. 

Sec. 603. Consideration of conference reports. 

Sec. 604. Disclosure. 

Sec. 605. Requirement of notice of intent to proceed. 


rwilkins on PROD1PC63 with BILLS
3 

•S 192 IS

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’’; 


rwilkins on PROD1PC63 with BILLS
4 

•S 192 IS

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— 


rwilkins on PROD1PC63 with BILLS
5 

•S 192 IS

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 


rwilkins on PROD1PC63 with BILLS
6 

•S 192 IS

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— 


rwilkins on PROD1PC63 with BILLS
7 

•S 192 IS

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’’ 


rwilkins on PROD1PC63 with BILLS
8 

•S 192 IS

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 LOBBYIST CONTRIBUTIONS AND 

5 PAYMENTS. 

6 Section 5(b) of the Act (2 U.S.C. 1604(b)) is amend7 ed— 

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

9 the semicolon; 

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

11 inserting a semicolon; and 

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

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

14 committee, as defined in 301(4) of the Federal Elec15 tion Campaign Act of 1971 (2 U.S.C. 431(4)), affili16 ated with such registrant), and for each employee 

17 listed as a lobbyist by a registrant under paragraph 

18 (2)(C)— 

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

20 or officeholder, leadership PAC, or political 

21 party committee, to whom a contribution was 

22 made, and the date and amount of such con23 tribution; and 

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

25 or officeholder, or a leadership PAC of such 


rwilkins on PROD1PC63 with BILLS
9 

•S 192 IS

1 candidate or officeholder, or political party com2 mittee for whom a fundraising event was 

3 hosted, cohosted, or otherwise sponsored, the 

4 date and location of the event, and the total 

5 amount raised by the event; 

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

7 branch official or covered executive branch official 

8 for whom the registrant or employee listed as a lob9 byist provided, or directed or arranged to be pro10 vided, any payment or reimbursements for travel 

11 and related expenses in connection with the duties of 

12 such covered official, including for each such offi13 cial— 

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

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

18 any payment or reimbursement made with the 

19 express or implied understanding or agreement 

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

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

23 trip, including a description of all meetings, 

24 tours, events, and outings attended; 


rwilkins on PROD1PC63 with BILLS
10 

•S 192 IS

1 ‘‘(C) the names of any registrant or indi2 vidual employed by the registrant who traveled 

3 on any such trip; 

4 ‘‘(D) the identity of official or listed spon5 sor of travel; and 

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

7 other than the listed sponsor of the travel, 

8 which directly or indirectly provided for pay9 ment of travel and related expenses at the re10 quest or suggestion of the registrant or the em11 ployee; and 

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

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

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

16 or recognize a covered legislative branch official 

17 or covered executive branch official; 

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

19 named for a covered legislative branch official 

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

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

23 maintained, or controlled by a covered legisla24 tive branch official or covered executive branch 


rwilkins on PROD1PC63 with BILLS
11 

•S 192 IS

1 official, or an entity designated by such official; 

2 or 

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

4 conference, or other similar event held by, or 

5 for the benefit of, 1 or more covered legislative 

6 branch officials or covered executive branch of7 ficials; 

8 except that this paragraph shall not apply to any 

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

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

13 gratuity, favor, discount, entertainment, hospitality, loan, 

14 forbearance, or other item having monetary value. The 

15 term includes gifts of services, training, transportation, 

16 lodging, and meals, whether provided in-kind, by purchase 

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

18 the expense has been incurred.’’. 

19 SEC. 106. INCREASED PENALTY FOR FAILURE TO COMPLY 

20 WITH LOBBYING DISCLOSURE REQUIRE21 MENTS. 

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

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


rwilkins on PROD1PC63 with BILLS
12 

•S 192 IS

1 TITLE II—SLOWING THE 

2 REVOLVING DOOR 

3 SEC. 201. POST EMPLOYMENT RESTRICTIONS. 

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

5 the Standing Rules of the Senate is amended by— 

6 (1) designating the first sentence as subpara7 graph (a); 

8 (2) designating the second sentence as subpara9 graph (b); and 

10 (3) adding at the end the following: 

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

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

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

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

15 calendar year, upon leaving that position, becomes a reg16 istered lobbyist under the Lobbying Disclosure Act of 

17 1995, or is employed or retained by such a registered lob18 byist for the purpose of influencing legislation, such em19 ployee may not lobby any Member, officer, or employee 

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

21 position.’’. 

22 (b) EFFECTIVE DATE.—This section shall take effect 

23 60 days after the date of enactment of this title. 


rwilkins on PROD1PC63 with BILLS
13 

•S 192 IS

1 SEC. 202. ADDITIONAL EMPLOYMENT RIGHTS. 

2 (a) IN GENERAL.—Section 104 of the Indian Self3 Determination and Education Assistance Act (25 U.S.C. 

4 450i) is amended by striking subsection (j) and inserting 

5 the following: 

6 ‘‘(j) ADDITIONAL EMPLOYMENT RIGHTS.— 

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

8 205 and 207 of title 18, United States Code, an offi9 cer or employee of the United States assigned to an 

10 Indian tribe under section 3372 of title 5, United 

11 States Code, or section 2072 of the Revised Statutes 

12 (25 U.S.C. 48), or an individual that was formerly 

13 an officer or employee of the United States and who 

14 is an employee of an Indian tribe employed to per15 form services pursuant to self-governance contracts 

16 or compacts under this Act that the individual for17 merly performed for the United States, may commu18 nicate with and appear before any department, agen19 cy, court, or commission on behalf of the Indian 

20 tribe with respect to any matter relating to the con21 tract or compact, including any matter in which the 

22 United States is a party or has a direct and sub23 stantial interest. 

24 ‘‘(2) NOTIFICATION OF INVOLVEMENT IN PEND25 ING MATTER.—An officer, employee, or former offi26 cer or employee described in paragraph (1) shall 


rwilkins on PROD1PC63 with BILLS
14 

•S 192 IS

1 submit to the head of each appropriate department, 

2 agency, court, or commission, in writing, a notifica3 tion of any personal and substantial involvement the 

4 officer, employee, or former officer or employee had 

5 as an officer or employee of the United States with 

6 respect to the pending matter.’’. 

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

8 amendment made by this section shall be the date that 

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

10 SEC. 203. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS 

11 OF EMPLOYMENT NEGOTIATIONS. 

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

14 House of Representatives is amended by redesignating 

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

16 the following new clause: 

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

18 shall file with the Clerk of the House of Representatives 

19 for public disclosure, a statement that he or she is negoti20 ating or has any arrangement concerning prospective em21 ployment if a conflict of interest or the appearance of a 

22 conflict of interest may exist. Such statement shall be 

23 made within 3 days after the commencement of such nego24 tiation or arrangement.’’. 


rwilkins on PROD1PC63 with BILLS
15 

•S 192 IS

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

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

4 ‘‘13. A Member shall file with the Secretary of the 

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

6 is negotiating or has any arrangement concerning prospec7 tive employment if a conflict of interest or the appearance 

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

9 be made within 3 days after the commencement of such 

10 negotiation or arrangement.’’. 

11 SEC. 204. ELIMINATION OF CERTAIN PRIVILEGES FOR 

12 FORMER MEMBERS, SENATE OFFICERS, AND 

13 SPEAKERS OF THE HOUSE WHO ARE LOBBY14 ISTS OR SEEK FINANCIAL GAIN. 

15 Rule XXIII of the Standing Rules of the Senate is 

16 amended by— 

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

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

19 elect’’ the following: ‘‘, except as provided in para20 graph 2’’; 

21 (3) inserting after ‘‘Ex-Secretaries and ex-Ser22 geants at Arms of the Senate’’ the following: ‘‘, ex23 cept as provided in paragraph 2’’; 


rwilkins on PROD1PC63 with BILLS
16 

•S 192 IS

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

2 of Representatives’’ the following: ‘‘, except as pro3 vided in paragraph 2’’; and 

4 (5) adding at the end the following: 

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

6 shall not apply to an individual covered by this paragraph 

7 who is— 

8 ‘‘(1) a registered lobbyist or agent of a foreign 

9 principal; or 

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

11 or organization for the purpose of influencing, di12 rectly, or indirectly, the passage, defeat, or amend13 ment of any legislative proposal. 

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

15 may promulgate regulations to allow individuals covered 

16 by this paragraph floor privileges for ceremonial functions 

17 and events designated by the majority leader and the mi18 nority leader. 

19 ‘‘(c) The Committee on Rules and Administration 

20 shall promulgate regulations to prevent individuals cov21 ered by this paragraph from making use of Senate or 

22 House of Representatives gymnasium facilities. 

23 ‘‘(d) The Committee on Rules and Administration 

24 shall promulgate regulations to prevent individuals covVerDate Aug 31 2005 21:49 Jan 09, 2007 Jkt 059196 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S192.IS S192

rwilkins on PROD1PC63 with BILLS
17 

•S 192 IS

1 ered by this paragraph from making use of Senate or 

2 House of Representatives reserved parking facilities.’’. 

3 TITLE III—CURBING EXCESSES 

4 IN PRIVATELY FUNDED TRAV5 EL AND LOBBYIST GIFTS 

6 SEC. 301. REQUIREMENT OF FULL PAYMENT AND DISCLO7 SURE OF CHARTER FLIGHTS. 

8 (a) HOUSE OF REPRESENTATIVES.— 

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

10 XXV of the Standing Rules of the House of Rep11 resentatives is amended by— 

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

13 (B) adding at the end the following: 

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

15 that is not licensed by the Federal Aviation Adminis16 tration to operate for compensation or hire shall be 

17 the fair market value of a charter flight. The Com18 mittee on Standards of Official Conduct shall make 

19 public information received under this subparagraph 

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

21 (2) DISCLOSURE.—Clause 5 of rule XXV of the 

22 Standing Rules of the House of Representatives is 

23 amended by adding at the end the following: 

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

25 flight described in paragraph (a)(3)(A)(2) shall, with reVerDate Aug 31 2005 21:49 Jan 09, 2007 Jkt 059196 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S192.IS S192

rwilkins on PROD1PC63 with BILLS
18 

•S 192 IS

1 spect to the flight, file a report with the Clerk of the 

2 House of Representatives for public disclosure within 10 

3 days after the flight— 

4 ‘‘(1) the date of the flight; 

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

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

7 those operating the plane; and 

8 ‘‘(4) the purpose of the trip.’’. 

9 (b) SENATE.— 

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

11 XXXV of the Standing Rules of the Senate is 

12 amended by— 

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

14 (B) adding at the end the following: 

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

16 that is not licensed by the Federal Aviation Adminis17 tration to operate for compensation or hire shall be 

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

19 Committee on Ethics shall make public information 

20 received under this subparagraph as soon as possible 

21 after it is received.’’. 

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

23 of the Standing Rules of the Senate is amended by 

24 adding at the end the following: 


rwilkins on PROD1PC63 with BILLS
19 

•S 192 IS

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

2 flight described in subparagraph (c)(1)(B) shall, with re3 spect to the flight, file a report with the Secretary of the 

4 Senate for public disclosure within 10 days after the 

5 flight— 

6 ‘‘(1) the date of the flight; 

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

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

9 those operating the plane; and 

10 ‘‘(4) the purpose of the trip.’’. 

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

12 301(8) of the Federal Election Campaign Act of 1971 (2 

13 U.S.C. 431(8)(B)) is amended by— 

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

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

16 inserting ‘‘; and’’; and 

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

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

19 on an airplane that is not licensed by the 

20 Federal Aviation Administration to operate 

21 for compensation or hire, but only if the 

22 candidate or the candidate’s authorized 

23 committee or other political committee 

24 pays within 7 days after the date of the 

25 flight to the owner, lessee, or other person 


rwilkins on PROD1PC63 with BILLS
20 

•S 192 IS

1 who provides the use of the airplane an 

2 amount not less than the normal and usual 

3 charter fare or rental charge for a com4 parable commercial airplane of appropriate 

5 size.’’. 

6 SEC. 302. INCREASED DISCLOSURE OF TRAVEL BY MEM7 BERS. 

8 (a) HOUSE OF REPRESENTATIVES.—Clause 

9 5(b)(1)(A)(ii) of rule XXV of the Rules of the House of 

10 Representatives is amended by— 

11 (1) inserting ‘‘a detailed description and 

12 itemization of each of’’ before ‘‘the expenses’’; and 

13 (2) inserting ‘‘, including a description of all 

14 meetings, tours, events, and outings attended during 

15 such travel’’ before the period at the end thereof. 

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

17 Standing Rules of the Senate is amended— 

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

19 semicolon; 

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

21 (7); and 

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

23 ‘‘(6) a detailed description and itemization of 

24 all meetings, tours, events, and outings attended 

25 during such travel; and’’. 


rwilkins on PROD1PC63 with BILLS
21 

•S 192 IS

1 SEC. 303. GUIDELINES RESPECTING TRAVEL EXPENSES. 

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

3 rule XXV of the Rules of the House of Representatives 

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

5 at the end the following new subparagraph: 

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

7 subparagraph and at annual intervals thereafter, the Com8 mittee on Standards of Official Conduct shall develop and 

9 revise, as necessary, guidelines on what constitutes ‘rea10 sonable expenses’ or ‘reasonable expenditures’ for pur11 poses of paragraph (b)(4). In developing and revising the 

12 guidelines, the committee shall take into account the max13 imum per diem rates for official Government travel pub14 lished annually by the General Services Administration, 

15 the Department of State, and the Department of De16 fense.’’. 

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

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

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

20 adoption of this paragraph and at annual intervals 

21 thereafter, the Select Committee on Ethics shall de22 velop and revise, as necessary, guidelines on what 

23 constitutes ‘reasonable expenses’ or ‘reasonable ex24 penditures’ for purposes of this rule. In developing 

25 and revising the guidelines, the committee shall take 

26 into account the maximum per diem rates for official 


rwilkins on PROD1PC63 with BILLS
22 

•S 192 IS

1 Government travel published annually by the Gen2 eral Services Administration, the Department of 

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

4 SEC. 304. VALUATION OF TICKETS TO SPORTING AND EN5 TERTAINMENT EVENTS. 

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

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

8 event shall be valued at the face value of the ticket, pro9 vided that in the case of a ticket without a face value, 

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

11 with a face value for the event. 

12 (b) SENATE.—Paragraph 1(b)(1) of rule XXXV of 

13 the Standing Rules of the Senate is amended by— 

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

15 (2) adding at the end the following: 

16 ‘‘(B) A gift of a ticket to a sporting or en17 tertainment event shall be valued at the face 

18 value of the ticket, provided that in the case of 

19 a ticket without a face value, the ticket shall be 

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

21 value for the event.’’. 

22 (c) HOUSE.—Clause 5(a)(2)(A) of rule XXV of the 

23 Standing Rules of the House of Representatives is amend24 ed by— 

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


rwilkins on PROD1PC63 with BILLS
23 

•S 192 IS

1 (2) adding at the end the following: 

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

3 entertainment event shall be valued at the 

4 face value of the ticket, provided that in 

5 the case of a ticket without a face value, 

6 the ticket shall be valued at the highest 

7 cost of a ticket with a face value for the 

8 event.’’. 

9 SEC. 305. BAN ON GIFTS FROM LOBBYISTS. 

10 Rule XXXV of the Standing Rules of the Senate is 

11 amended by— 

12 (1) in paragraph 1(a)(1), by— 

13 (A) inserting ‘‘(A)’’ after ‘‘(2)’’; and 

14 (B) adding at the end the following: 

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

16 person or entity required to register pursuant to section 

17 4(a) of the Lobbying Disclosure Act, or any individual or 

18 entity identified as a lobbyist or a client in a registration 

19 or disclosure statement filed under such Act.’’; and 

20 (2) in paragraph 1, by adding at the end the 

21 following: 

22 ‘‘(g) For purposes of this paragraph, a gift of a ticket 

23 to a sporting or entertainment event shall be valued at 

24 the face value printed on the ticket, provided that in the 

25 case of a ticket without a face value, or in the case of 


rwilkins on PROD1PC63 with BILLS
24 

•S 192 IS

1 a ticket to a sky box, club seat or other premium seat, 

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

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

4 TITLE IV—SENATE OFFICE OF 

5 PUBLIC INTEGRITY 

6 SEC. 401. ESTABLISHMENT OF SENATE OFFICE OF PUBLIC 

7 INTEGRITY. 

8 There is established, as an office within the Senate, 

9 the Senate Office of Public Integrity (referred to in this 

10 title as the ‘‘Office’’). 

11 SEC. 402. DIRECTOR. 

12 (a) APPOINTMENT OF DIRECTOR.— 

13 (1) IN GENERAL.—The Office shall be headed 

14 by a Director who shall be appointed by the Presi15 dent Pro Tempore of the Senate upon the joint rec16 ommendation of the majority leader of the Senate 

17 and the minority leader of the Senate. The selection 

18 and appointment of the Director shall be without re19 gard to political affiliation and made solely on the 

20 basis of fitness to perform the duties of the Office. 

21 (2) QUALIFICATIONS.—The Director shall pos22 sess demonstrated integrity, independence, and pub23 lic credibility and shall have training or experience 

24 in law enforcement, the judiciary, civil or criminal 


rwilkins on PROD1PC63 with BILLS
25 

•S 192 IS

1 litigation, or as a member of a Federal, State, or 

2 local ethics enforcement agency. 

3 (b) VACANCY.—A vacancy in the directorship shall be 

4 filled in the manner in which the original appointment was 

5 made. 

6 (c) TERM OF OFFICE.—The Director shall serve for 

7 a term of 5 years and may be reappointed. 

8 (d) REMOVAL.— 

9 (1) AUTHORITY.—The Director may be re10 moved by the President Pro Tempore of the Senate 

11 upon the joint recommendation of the Senate major12 ity and minority leaders for— 

13 (A) disability that substantially prevents 

14 the Director from carrying out the duties of the 

15 Director; 

16 (B) inefficiency; 

17 (C) neglect of duty; or 

18 (D) malfeasance, including a felony or con19 duct involving moral turpitude. 

20 (2) STATEMENT OF REASONS.—In removing the 

21 Director, a statement of the reasons for removal 

22 shall be provided in writing to the Director. 

23 (e) COMPENSATION.—The Director shall be com24 pensated at the annual rate of basic pay prescribed for 


rwilkins on PROD1PC63 with BILLS
26 

•S 192 IS

1 level V of the Executive Schedule under section 5316 of 

2 title 5, United States Code. 

3 SEC. 403. DUTIES AND POWERS OF THE OFFICE. 

4 (a) DUTIES.—The Office is authorized— 

5 (1) to investigate any alleged violation by a 

6 Member, officer, or employee of the Senate, of any 

7 rule or other standard of conduct applicable to the 

8 conduct of such Member, officer, or employee under 

9 applicable Senate rules in the performance of his du10 ties or the discharge of his responsibilities; 

11 (2) to present a case of probable ethics viola12 tions to the Select Committee on Ethics of the Sen13 ate; 

14 (3) to make recommendations to the Select 

15 Committee on Ethics of the Senate that it report to 

16 the appropriate Federal or State authorities any 

17 substantial evidence of a violation by a Member, offi18 cer, or employee of the Senate of any law applicable 

19 to the performance of his duties or the discharge of 

20 his responsibilities, which may have been disclosed in 

21 an investigation by the Office; and 

22 (4) subject to review by the Select Committee 

23 on Ethics to approve, or deny approval, of trips as 

24 provided for in paragraph 2(f) of rule XXXV of the 

25 Standing Rules of the Senate. 


rwilkins on PROD1PC63 with BILLS
27 

•S 192 IS

1 (b) POWERS.— 

2 (1) OBTAINING INFORMATION.—Upon request 

3 of the Office, the head of any agency or instrumen4 tality of the Government shall furnish information 

5 deemed necessary by the Director to enable the Of6 fice to carry out its duties. 

7 (2) REFERRALS TO THE DEPARTMENT OF JUS8 TICE.—Whenever the Director has reason to believe 

9 that a violation of law may have occurred, he shall 

10 refer that matter to the Select Committee on Ethics 

11 with a recommendation as to whether the matter 

12 should be referred to the Department of Justice or 

13 other appropriate authority for investigation or other 

14 action. 

15 SEC. 404. INVESTIGATIONS AND INTERACTION WITH THE 

16 SENATE SELECT COMMITTEE ON ETHICS. 

17 (a) INITIATION OF ENFORCEMENT MATTERS.— 

18 (1) IN GENERAL.—An investigation may be ini19 tiated by the filing of a complaint with the Office by 

20 a Member of Congress or an outside complainant, or 

21 by the Office on its own initiative, based on any in22 formation in its possession. The Director shall not 

23 accept a complaint concerning a Member of Con24 gress within 60 days of an election involving such 

25 Member. 


rwilkins on PROD1PC63 with BILLS
28 

•S 192 IS

1 (2) FILED COMPLAINT.— 

2 (A) TIMING.—In the case of a complaint 

3 that is filed, the Director shall within 30 days 

4 make an initial determination as to whether the 

5 complaint should be dismissed or whether there 

6 are sufficient grounds to conduct an investiga7 tion. The subject of the complaint shall be pro8 vided by the Director with an opportunity dur9 ing the 30-day period to challenge the com10 plaint. 

11 (B) DISMISSAL.—The Director may dis12 miss a complaint if the Director determines— 

13 (i) the complaint fails to state a viola14 tion; 

15 (ii) there is a lack of credible evidence 

16 of a violation; or 

17 (iii) the violation is inadvertent, tech18 nical, or otherwise of a de minimis nature. 

19 (C) REFERRAL.—In any case where the 

20 Director decides to dismiss a complaint, the Di21 rector may refer the case to the Select Com22 mittee on Ethics of the Senate under paragraph 

23 (3) to determine if the complaint is frivolous. 

24 (3) FRIVOLOUS COMPLAINTS.—If the Select 

25 Committee on Ethics of the Senate determines that 


rwilkins on PROD1PC63 with BILLS
29 

•S 192 IS

1 a complaint is frivolous, the committee may notify 

2 the Director not to accept any future complaint filed 

3 by that same person and the complainant may be re4 quired to pay for the costs of the Office resulting 

5 from such complaint. The Director may refer the 

6 matter to the Department of Justice to collect such 

7 costs. 

8 (4) PRELIMINARY DETERMINATION.—For any 

9 investigation conducted by the Office at its own ini10 tiative, the Director shall make a preliminary deter11 mination of whether there are sufficient grounds to 

12 conduct an investigation. Before making that deter13 mination, the subject of the investigation shall be 

14 provided by the Director with an opportunity to sub15 mit information to the Director that there are not 

16 sufficient grounds to conduct an investigation. 

17 (5) NOTICE TO COMMITTEE.—Whenever the Di18 rector determines that there are sufficient grounds 

19 to conduct an investigation— 

20 (A) the Director shall notify the Select 

21 Committee on Ethics of the Senate of this de22 termination; and 

23 (B) the committee may overrule the deter24 mination of the Director if, not later than 10 


rwilkins on PROD1PC63 with BILLS
30 

•S 192 IS

1 legislative days after notification under sub2 paragraph (A)— 

3 (i) the committee by an affirmative, 

roll call vote of 2 4 ⁄3 of the full committee 

5 votes to overrule the determination of the 

6 Director; 

7 (ii) the committee issues a public re8 port on the matter; and 

9 (iii) the vote of each member of the 

10 committee on such roll call vote is included 

11 in the report. 

12 (b) CONDUCTING INVESTIGATIONS.— 

13 (1) IN GENERAL.—If the Director determines 

14 that there are sufficient grounds to conduct an in15 vestigation and his determination is not overruled 

16 under subsection (a)(5), the Director shall conduct 

17 an investigation to determine if probable cause exists 

18 that a violation occurred. 

19 (2) AUTHORITY.—As part of an investigation, 

20 the Director may— 

21 (A) administer oaths; 

22 (B) issue subpoenas; 

23 (C) compel the attendance of witnesses and 

24 the production of papers, books, accounts, docu25 ments, and testimony; and 


rwilkins on PROD1PC63 with BILLS
31 

•S 192 IS

1 (D) himself, or by delegation to Office 

2 staff, take the deposition of witnesses. 

3 (3) REFUSAL TO OBEY.—If a person disobeys 

4 or refuses to comply with a subpoena, or if a witness 

5 refuses to testify to a matter, he may be held in con6 tempt of Congress. 

7 (4) ENFORCEMENT.—If the Director deter8 mines that the Director is limited in the Director’s 

9 ability to obtain documents, testimony, and other in10 formation needed as part of an investigation because 

11 of potential constitutional, statutory, or rules restric12 tions, or due to lack of compliance, the Director may 

13 refer the matter to the Select Committee on Ethics 

14 of the Senate for consideration and appropriate ac15 tion by the committee. The committee shall promptly 

16 act on a request under this paragraph. 

17 (c) PRESENTATION OF CASE TO SENATE SELECT

18 COMMITTEE ON ETHICS.— 

19 (1) NOTICE TO COMMITTEES.—If the Director 

20 determines, upon conclusion of an investigation, that 

21 probable cause exists that an ethics violation has oc22 curred, the Director shall notify the Select Com23 mittee on Ethics of the Senate of this determination. 

24 (2) COMMITTEE DECISION.—The Select Com25 mittee on Ethics may overrule the determination of 


rwilkins on PROD1PC63 with BILLS
32 

•S 192 IS

1 the Director if, not later than 30 legislative days 

2 after notification under paragraph (1)— 

3 (A) the committee by an affirmative, roll 

call vote of 2 4 ⁄3 of the full committee votes to 

5 overrule the determination of the Director; 

6 (B) the committee issues a public report 

7 on the matter; and 

8 (C) the vote of each member of the com9 mittee on such roll call vote is included in the 

10 report. 

11 (3) DETERMINATION AND RULING.— 

12 (A) REFERRAL.—If the Director deter13 mines there is probable cause that an ethics vio14 lation has occurred and the Director’s deter15 mination is not overruled, the Director shall 

16 present the case and evidence to the Select 

17 Committee on Ethics of the Senate to hear and 

18 make a determination pursuant to its rules. 

19 (B) FINAL DECISION.—The Select Com20 mittee on Ethics shall vote upon whether the 

21 individual who is the subject of the investiga22 tion has violated any rules or other standards 

23 of conduct applicable to that individual in his 

24 official capacity. Such votes shall be a roll call 

25 vote of the full committee, a quorum being 


rwilkins on PROD1PC63 with BILLS
33 

•S 192 IS

1 present. The committee shall issue a public re2 port which shall include the vote of each mem3 ber of the committee on such roll call vote. 

4 (d) SANCTIONS.—Whenever the Select Committee on 

5 Ethics of the Senate finds that an ethics violation has oc6 curred, the Director shall recommend appropriate sanc7 tions to the committee and whether a matter should be 

8 referred to the Department of Justice for investigation. 

9 SEC. 405. PROCEDURAL RULES. 

10 (a) PROHIBITION OF CERTAIN INVESTIGATIONS.— 

11 No investigation shall be undertaken by the Office of any 

12 alleged violation of a law, rule, regulation, or standard of 

13 conduct not in effect at the time of the alleged violation. 

14 (b) DISCLOSURE.—Information or testimony re15 ceived, or the contents of a complaint or the fact of its 

16 filing, or recommendations made by the Director to the 

17 committee, may be publicly disclosed by the Director or 

18 by the staff of the Office only if authorized by the Select 

19 Committee on Ethics of the Senate. 

20 SEC. 406. SOPI EMPLOYEES UNDER THE CONGRESSIONAL 

21 ACCOUNTABILITY ACT. 

22 Section 101 of the Congressional Accountability Act 

23 of 1995 (2 U.S.C. 3) is amended— 

24 (1) in paragraph (3)— 

25 (A) in subparagraph (H), by striking ‘‘or’’; 


rwilkins on PROD1PC63 with BILLS
34 

•S 192 IS

1 (B) in subparagraph (I), by striking the 

2 period and inserting ‘‘; or’’; and 

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

4 ‘‘(J) the Office of Public Integrity.’’; and 

5 (2) in paragraph (9), by striking ‘‘and the Of6 fice of Technology Assessment’’ and inserting ‘‘the 

7 Office of Technology Assessment, and the Senate 

8 Office of Public Integrity’’. 

9 SEC. 407. EFFECTIVE DATE. 

10 This title shall take effect on January 1, 2008. 

11 TITLE V—OVERSIGHT OF ETHICS 

12 AND LOBBYING 

13 SEC. 501. COMPTROLLER GENERAL REVIEW AND SEMI14 ANNUAL REPORTS. 

15 (a) ONGOING REVIEW REQUIRED.—The Comptroller 

16 General shall review on an ongoing basis the activities car17 ried out by the Secretary of the Senate and Clerk of the 

18 House of Representatives under section 6 of the Lobbying 

19 Disclosure Act of 1995 (2 U.S.C. 1605). The review shall 

20 emphasize— 

21 (1) the effectiveness of those activities in secur22 ing the compliance by lobbyists with the require23 ments of that Act; and 


rwilkins on PROD1PC63 with BILLS
35 

•S 192 IS

1 (2) whether the Secretary and the Clerk have 

2 the resources and authorities needed for effective 

3 oversight and enforcement of that Act. 

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

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

6 the Comptroller General shall submit to Congress a report 

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

8 include the Comptroller General’s assessment of the mat9 ters required to be emphasized by that subsection and any 

10 recommendations of the Comptroller General to— 

11 (1) improve the compliance by lobbyists with 

12 the requirements of that Act; and 

13 (2) provide the Secretary and the Clerk with 

14 the resources and authorities needed for effective 

15 oversight and enforcement of that Act. 

16 SEC. 502. MANDATORY SENATE ETHICS TRAINING FOR 

17 MEMBERS AND STAFF. 

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

19 Ethics shall conduct ongoing ethics training and aware20 ness programs for Members of the Senate and Senate 

21 staff. 

22 (b) REQUIREMENTS.—The ethics training program 

23 conducted by the Select Committee on Ethics shall be 

24 completed by— 


rwilkins on PROD1PC63 with BILLS
36 

•S 192 IS

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

2 days after commencing service or employment; and 

3 (2) Senators and Senate staff serving or em4 ployed on the date of enactment of this Act not later 

5 than 120 days after the date of enactment of this 

6 Act. 

7 TITLE VI—CONGRESSIONAL 

8 TRANSPARENCY 

9 SEC. 601. REFORM OF CONSIDERATION OF APPROPRIA10 TIONS BILLS IN THE SENATE. 

11 (a) IN GENERAL.—Rule XVI of the Standing Rules 

12 of the Senate is amended by adding at the end the fol13 lowing: 

14 ‘‘9. (a) On a point of order made by any Senator: 

15 ‘‘(1) No new or general legislation nor any un16 authorized appropriation may be included in any 

17 general appropriation bill. 

18 ‘‘(2) No amendment may be received to any 

19 general appropriation bill the effect of which will be 

20 to add an unauthorized appropriation to the bill. 

21 ‘‘(3) No unauthorized appropriation may be in22 cluded in any amendment between the Houses, or 

23 any amendment thereto, in relation to a general ap24 propriation bill. 


rwilkins on PROD1PC63 with BILLS
37 

•S 192 IS

1 ‘‘(b)(1) If a point of order under subparagraph (a)(1) 

2 against a Senate bill or amendment is sustained— 

3 ‘‘(A) the new or general legislation or unauthor4 ized appropriation shall be struck from the bill or 

5 amendment; and 

6 ‘‘(B) any modification of total amounts appro7 priated necessary to reflect the deletion of the mat8 ter struck from the bill or amendment, as directed 

9 by the chairman of the Committee on the Budget, 

10 shall be made and the allocation of discretionary 

11 budgetary resources allocated under section 

12 302(a)(2) of the Congressional Budget Act of 1974 

13 (2 U.S.C. 633(a)(2)) shall be reduced accordingly. 

14 ‘‘(2) If a point of order under subparagraph (a)(1) 

15 against an Act of the House of Representatives is sus16 tained when the Senate is not considering an amendment 

17 in the nature of a substitute, then an amendment to the 

18 House bill is deemed to have been adopted that— 

19 ‘‘(A) strikes the new or general legislation or 

20 unauthorized appropriation from the bill; and 

21 ‘‘(B) modifies, if necessary and as directed by 

22 the chairman of the Committee on the Budget, the 

23 total amounts appropriated by the bill to reflect the 

24 deletion of the matter struck from the bill and re25 duces the allocation of discretionary budgetary reVerDate Aug 31 2005 21:49 Jan 09, 2007 Jkt 059196 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S192.IS S192

rwilkins on PROD1PC63 with BILLS
38 

•S 192 IS

1 sources allocated under section 302(a)(2) of the 

2 Congressional Budget Act of 1974 (2 U.S.C. 

3 633(a)(2)) accordingly. 

4 ‘‘(c) If the point of order against an amendment 

5 under subparagraph (a)(2) is sustained, then the amend6 ment shall be out of order and may not be considered. 

7 ‘‘(d)(1) If a point of order under subparagraph (a)(3) 

8 against a Senate amendment is sustained, then— 

9 ‘‘(A) the unauthorized appropriation shall be 

10 struck from the amendment; 

11 ‘‘(B) any modification of total amounts appro12 priated, as directed by the chairman of the Com13 mittee on the Budget, necessary to reflect the dele14 tion of the matter struck from the amendment shall 

15 be made and the allocation of discretionary budg16 etary resources allocated under section 302(a)(2) of 

17 the Congressional Budget Act of 1974 (2 U.S.C. 

18 633(a)(2)) shall be reduced accordingly; and 

19 ‘‘(C) after all other points of order under this 

20 paragraph have been disposed of, the Senate shall 

21 proceed to consider the amendment as so modified. 

22 ‘‘(2) If a point of order under subparagraph (a)(3) 

23 against a House of Representatives amendment is sus24 tained, then— 


rwilkins on PROD1PC63 with BILLS
39 

•S 192 IS

1 ‘‘(A) an amendment to the House amendment 

2 is deemed to have been adopted that— 

3 ‘‘(i) strikes the new or general legislation 

4 or unauthorized appropriation from the House 

5 amendment; and 

6 ‘‘(ii) modifies, if necessary and as directed 

7 by the chairman of the Committee on the Budg8 et, the total amounts appropriated by the bill to 

9 reflect the deletion of the matter struck from 

10 the House amendment and reduces the alloca11 tion of discretionary budgetary resources allo12 cated under section 302(a)(2) of the Congres13 sional Budget Act of 1974 (2 U.S.C. 633(a)(2)) 

14 accordingly; and 

15 ‘‘(B) after all other points of order under this 

16 paragraph have been disposed of, the Senate shall 

17 proceed to consider the question of whether to con18 cur with further amendment. 

19 ‘‘(e) The disposition of a point of order made under 

20 any other paragraph of this rule, or under any other 

21 Standing Rule of the Senate, that is not sustained, or is 

22 waived, does not preclude, or affect, a point of order made 

23 under subparagraph (a) with respect to the same matter. 

24 ‘‘(f) A point of order under subparagraph (a) may 

25 be waived only by a motion agreed to by the affirmative 


rwilkins on PROD1PC63 with BILLS
40 

•S 192 IS

1 vote of three-fifths of the Senators duly chosen and sworn. 

2 If an appeal is taken from the ruling of the Presiding Offi3 cer with respect to such a point of order, the ruling of 

4 the Presiding Officer shall be sustained absent an affirma5 tive vote of three-fifths of the Senators duly chosen and 

6 sworn. 

7 ‘‘(g) Notwithstanding any other rule of the Senate, 

8 it shall be in order for a Senator to raise a single point 

9 of order that several provisions of a general appropriation 

10 bill or an amendment between the Houses on a general 

11 appropriation bill violate subparagraph (a). The Presiding 

12 Officer may sustain the point of order as to some or all 

13 of the provisions against which the Senator raised the 

14 point of order. If the Presiding Officer so sustains the 

15 point of order as to some or all of the provisions against 

16 which the Senator raised the point of order, then only 

17 those provisions against which the Presiding Officer sus18 tains the point of order shall be deemed stricken pursuant 

19 to this paragraph. Before the Presiding Officer rules on 

20 such a point of order, any Senator may move to waive 

21 such a point of order, in accordance with subparagraph 

22 (f), as it applies to some or all of the provisions against 

23 which the point of order was raised. Such a motion to 

24 waive is amendable in accordance with the rules and prece25 dents of the Senate. After the Presiding Officer rules on 


rwilkins on PROD1PC63 with BILLS
41 

•S 192 IS

1 such a point of order, any Senator may appeal the ruling 

2 of the Presiding Officer on such a point of order as it 

3 applies to some or all of the provisions on which the Pre4 siding Officer ruled. 

5 ‘‘(h) For purposes of this paragraph: 

6 ‘‘(1) The term ‘new or general legislation’ has 

7 the meaning given that term when it is used in para8 graph 2 of this rule. 

9 ‘‘(2) The term ‘new matter’ means matter not 

10 committed to conference by either House of Con11 gress. 

12 ‘‘(3)(A) The term ‘unauthorized appropriation’ 

13 means an appropriation— 

14 ‘‘(i) not specifically authorized by law or 

15 Treaty stipulation (unless the appropriation has 

16 been specifically authorized by an Act or resolu17 tion previously passed by the Senate during the 

18 same session or proposed in pursuance of an es19 timate submitted in accordance with law); or 

20 ‘‘(ii) the amount of which exceeds the 

21 amount specifically authorized by law or Treaty 

22 stipulation (or specifically authorized by an Act 

23 or resolution previously passed by the Senate 

24 during the same session or proposed in pursuVerDate Aug 31 2005 21:49 Jan 09, 2007 Jkt 059196 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S192.IS S192

rwilkins on PROD1PC63 with BILLS
42 

•S 192 IS

1 ance of an estimate submitted in accordance 

2 with law) to be appropriated. 

3 ‘‘(B) An appropriation is not specifically au4 thorized if it is restricted or directed to, or author5 ized to be obligated or expended for the benefit of, 

6 an identifiable person, program, project, entity, or 

7 jurisdiction by earmarking or other specification, 

8 whether by name or description, in a manner that is 

9 so restricted, directed, or authorized that it applies 

10 only to a single identifiable person, program, project, 

11 entity, or jurisdiction, unless the identifiable person, 

12 program, project, entity, or jurisdiction to which the 

13 restriction, direction, or authorization applies is de14 scribed or otherwise clearly identified in a law or 

15 Treaty stipulation (or an Act or resolution pre16 viously passed by the Senate during the same ses17 sion or in the estimate submitted in accordance with 

18 law) that specifically provides for the restriction, di19 rection, or authorization of appropriation for such 

20 person, program, project, entity, or jurisdiction. 

21 ‘‘10. (a) On a point of order made by any Sen22 ator, no new or general legislation, nor any unau23 thorized appropriation, new matter, or nongermane 

24 matter may be included in any conference report on 

25 a general appropriation bill. 


rwilkins on PROD1PC63 with BILLS
43 

•S 192 IS

1 ‘‘(b) If the point of order against a conference report 

2 under subparagraph (a) is sustained— 

3 ‘‘(1) the new or general legislation, unauthor4 ized appropriation, new matter, or nongermane mat5 ter in such conference report shall be deemed to 

6 have been struck; 

7 ‘‘(2) any modification of total amounts appro8 priated, as directed by the chairman of the Com9 mittee on the Budget, necessary to reflect the dele10 tion of the matter struck shall be deemed to have 

11 been made and the allocation of discretionary budg12 etary resources allocated under section 302(a)(2) of 

13 the Congressional Budget Act of 1974 (2 U.S.C. 

14 633(a)(2)) shall be deemed to be reduced accord15 ingly; 

16 ‘‘(3) when all other points of order under this 

17 paragraph have been disposed of— 

18 ‘‘(A) the Senate shall proceed to consider 

19 the question of whether the Senate should re20 cede from its amendment to the House bill, or 

21 its disagreement to the amendment of the 

22 House, and concur with a further amendment, 

23 which further amendment shall consist of only 

24 that portion of the conference report not 

25 deemed to have been struck (together with any 


rwilkins on PROD1PC63 with BILLS
44 

•S 192 IS

1 modification of total amounts appropriated and 

2 reduction in the allocation of discretionary 

3 budgetary resources allocated under section 

4 302(a)(2) of the Congressional Budget Act of 

5 1974 (2 U.S.C. 633(a)(2)) deemed to have been 

6 made); 

7 ‘‘(B) the question shall be debatable; and 

8 ‘‘(C) no further amendment shall be in 

9 order; and 

10 ‘‘(4) if the Senate agrees to the amendment, 

11 then the bill and the Senate amendment thereto 

12 shall be returned to the House for its concurrence 

13 in the amendment of the Senate. 

14 ‘‘(c) The disposition of a point of order made under 

15 any other paragraph of this rule, or under any other 

16 Standing Rule of the Senate, that is not sustained, or is 

17 waived, does not preclude, or affect, a point of order made 

18 under subparagraph (a) with respect to the same matter. 

19 ‘‘(d) A point of order under subparagraph (a) may 

20 be waived only by a motion agreed to by the affirmative 

21 vote of three-fifths of the Senators duly chosen and sworn. 

22 If an appeal is taken from the ruling of the Presiding Offi23 cer with respect to such a point of order, the ruling of 

24 the Presiding Officer shall be sustained absent an affirmaVerDate Aug 31 2005 21:49 Jan 09, 2007 Jkt 059196 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S192.IS S192

rwilkins on PROD1PC63 with BILLS
45 

•S 192 IS

1 tive vote of three-fifths of the Senators duly chosen and 

2 sworn. 

3 ‘‘(e) Notwithstanding any other rule of the Senate, 

4 it shall be in order for a Senator to raise a single point 

5 of order that several provisions of a conference report on 

6 a general appropriation bill violate subparagraph (a). The 

7 Presiding Officer may sustain the point of order as to 

8 some or all of the provisions against which the Senator 

9 raised the point of order. If the Presiding Officer so sus10 tains the point of order as to some or all of the provisions 

11 against which the Senator raised the point of order, then 

12 only those provisions against which the Presiding Officer 

13 sustains the point of order shall be deemed stricken pursu14 ant to this paragraph. Before the Presiding Officer rules 

15 on such a point of order, any Senator may move to waive 

16 such a point of order, in accordance with subparagraph 

17 (d), as it applies to some or all of the provisions against 

18 which the point of order was raised. Such a motion to 

19 waive is amendable in accordance with the rules and prece20 dents of the Senate. After the Presiding Officer rules on 

21 such a point of order, any Senator may appeal the ruling 

22 of the Presiding Officer on such a point of order as it 

23 applies to some or all of the provisions on which the Pre24 siding Officer ruled. 

25 ‘‘(f) For purposes of this paragraph: 


rwilkins on PROD1PC63 with BILLS
46 

•S 192 IS

1 ‘‘(1) The terms ‘new or general legislation’, 

2 ‘new matter’, and ‘unauthorized appropriation’ have 

3 the same meaning as in paragraph 9. 

4 ‘‘(2) The term ‘nongermane matter’ has the 

5 same meaning as in rule XXII and under the prece6 dents attendant thereto, as of the beginning of the 

7 110th Congress.’’. 

8 (b) PROHIBITION ON OBLIGATION OF FUNDS FOR

9 APPROPRIATIONS EARMARKS INCLUDED ONLY IN CON10 GRESSIONAL REPORTS.— 

11 (1) IN GENERAL.—No Federal agency may obli12 gate any funds made available in an appropriation 

13 Act to implement an earmark that is included in a 

14 congressional report accompanying the appropriation 

15 Act, unless the earmark is also included in the ap16 propriation Act. 

17 (2) DEFINITIONS.—For purposes of this sub18 section: 

19 (A) The term ‘‘assistance’’ includes an 

20 award, grant, loan, loan guarantee, contract, or 

21 other expenditure. 

22 (B) The term ‘‘congressional report’’ 

23 means a report of the Committee on Appropria24 tions of the House of Representatives or the 


rwilkins on PROD1PC63 with BILLS
47 

•S 192 IS

1 Senate, or a joint explanatory statement of a 

2 committee of conference. 

3 (C) The term ‘‘earmark’’ means a provi4 sion that specifies the identity of an entity to 

5 receive assistance and the amount of the assist6 ance. 

7 (D) The term ‘‘entity’’ includes a State or 

8 locality. 

9 (3) EFFECTIVE DATE.—This subsection shall 

10 apply to appropriation Acts enacted after December 

11 31, 2007. 

12 (c) LOBBYING ON BEHALF OF RECIPIENTS OF FED13 ERAL FUNDS.—The Lobbying Disclosure Act of 1995 is 

14 amended by adding after section 5 the following: 

15 ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. 

16 ‘‘(a) IN GENERAL.—A recipient of Federal funds 

17 shall file a report as required by section 5(a) containing— 

18 ‘‘(1) the name of any lobbyist registered under 

19 this Act to whom the recipient paid money to lobby 

20 on behalf of the Federal funding received by the re21 cipient; and 

22 ‘‘(2) the amount of money paid as described in 

23 paragraph (1). 


rwilkins on PROD1PC63 with BILLS
48 

•S 192 IS

1 ‘‘(b) DEFINITION.—In this section, the term ‘recipi2 ent of Federal funds’ means the recipient of Federal funds 

3 constituting an award, grant, or loan.’’. 

4 SEC. 602. PROHIBITION ON OBLIGATION OF FUNDS FOR AP5 PROPRIATIONS EARMARKS INCLUDED ONLY 

6 IN CONGRESSIONAL REPORTS. 

7 (a) IN GENERAL.—No Federal agency may obligate 

8 any funds made available in an appropriation Act to im9 plement an earmark that is included in a congressional 

10 report accompanying the appropriation Act, unless the 

11 earmark is also included in the appropriation Act. 

12 (b) DEFINITIONS.—For purposes of this section: 

13 (1) The term ‘‘assistance’’ includes an award, 

14 grant, loan, loan guarantee, contract, or other ex15 penditure. 

16 (2) The term ‘‘congressional report’’ means a 

17 report of the Committee on Appropriations of the 

18 House of Representatives or the Senate, or a joint 

19 explanatory statement of a committee of conference. 

20 (3) The term ‘‘earmark’’ means a provision that 

21 specifies the identity of an entity to receive assist22 ance and the amount of the assistance. 

23 (4) The term ‘‘entity’’ includes a State or local24 ity. 


rwilkins on PROD1PC63 with BILLS
49 

•S 192 IS

1 (c) EFFECTIVE DATE.—This section shall apply to 

2 appropriation Acts enacted after December 31, 2007. 

3 SEC. 603. CONSIDERATION OF CONFERENCE REPORTS. 

4 (a) IN GENERAL.— 

5 (1) RULE.—Rule XXVIII of the Standing Rules 

6 of the Senate is amended by adding at the end the 

7 following: 

8 ‘‘7. (a) It shall not be in order to consider a con9 ference report which includes matter not committed to the 

10 conferees by either House. 

11 ‘‘(b) It shall not be in order to consider a conference 

12 report unless such report is available to all Members and 

13 made available to the general public by means of the Inter14 net for at least 48 hours before its consideration.’’. 

15 (2) EFFECTIVE DATE.—This subsection shall 

16 take effect 60 days after the date of enactment of 

17 this title. 

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

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

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

21 Representatives, the Government Printing Office, and the 

22 Committee on Rules and Administration, shall develop a 

23 website capable of complying with the requirements of 

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

25 Senate, as added by subsection (b). 


rwilkins on PROD1PC63 with BILLS
50 

•S 192 IS

1 SEC. 604. DISCLOSURE. 

2 (a) UNAUTHORIZED APPROPRIATIONS.—Rule XVI of 

3 the Standing Rules of the Senate is amended by adding 

4 at the end the following: 

5 ‘‘10. No appropriation bill or amendment between the 

6 Houses which includes unauthorized appropriations (as 

7 identified by paragraph 1(j)) shall be considered unless 

8 such bill is accompanied by a report that provides a de9 tailed listing of— 

10 ‘‘(1) all unauthorized appropriation in such bill; 

11 ‘‘(2) an identification of the member or mem12 bers who proposed the unauthorized appropriation; 

13 and 

14 ‘‘(3) an explanation of the essential govern15 mental purpose for the unauthorized appropria16 tion.’’. 

17 (b) EARMARK DISCLOSURE, SPONSOR, AND PUR18 POSE.—Paragraph 4 of rule XXVIII of the Standing 

19 Rules of the Senate is amended by— 

20 (1) inserting ‘‘(a)’’ after ‘‘4.’’; and 

21 (2) adding at the end the following: 

22 ‘‘(b) No conference report which includes unauthor23 ized appropriations (as defined by paragraph 1(j) of rule 

24 XVI) shall be considered unless such conference report is 

25 accompanied by a joint statement that provides a detailed 

26 listing of— 


rwilkins on PROD1PC63 with BILLS
51 

•S 192 IS

1 ‘‘(1) all unauthorized appropriations in such 

2 conference report; 

3 ‘‘(2) an identification of the member or mem4 bers who proposed the unauthorized appropriation; 

5 and 

6 ‘‘(3) an explanation of the essential govern7 mental purpose for the unauthorized appropria8 tion.’’. 

9 SEC. 605. REQUIREMENT OF NOTICE OF INTENT TO PRO10 CEED. 

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

12 of the Senate or their designees shall recognize a notice 

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

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

15 Senator— 

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

17 the appropriate leader or their designee; and 

18 (2) within 3 session days after the submission 

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

20 Congressional Record and in the applicable calendar 

21 section described in subsection (b) the following no22 tice: 

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

24 ll, dated ll.’’. 


rwilkins on PROD1PC63 with BILLS
52 

•S 192 IS

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

2 establish for both the Senate Calendar of Business and 

3 the Senate Executive Calendar a separate section entitled 

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

5 shall include the name of each Senator filing a notice 

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

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

8 the objection was filed. 

9 (c) REMOVAL.—A Senator may have an item with re10 spect to the Senator removed from a calendar to which 

11 it was added under subsection (b) by submitting for inclu12 sion in the Congressional Record the following notice: 

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

14 ll, dated ll.’’. 

Æ 


rwilkins on PROD1PC63 with BILLS