posted March 05, 2006 08:26 PM
RUMOR MILL EH? Lot of that going around.This is the text of the Senate Bill you're complaining about Rainbow. Please copy and paste the section of the bill which prohibits freedom of assembly or freedon of speech, or freedom to petition the government.
109th Congress
S. 2128: Lobbying Transparency and Accountability Act of 2005
Introduced: Dec 16, 2005
Sponsor: Sen. John McCain [R-AZ]
Status: Introduced (By Sen. John McCain [R-AZ])
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II
109TH CONGRESS
S. 2128
1ST SESSION
To provide greater transparency with respect to lobbying activities, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
DECEMBER 16, 2005
Mr. MCCAIN (for himself and Mr. BURNS) 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 Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.--This Act may be cited as the
5 ``Lobbying Transparency and Accountability Act of
6 2005''.
7 (b) TABLE CONTENTS.--The table of contents for
OF
8 this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ENHANCING LOBBYING DISCLOSURE
2
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 congres-
sional employment.
Sec. 105. Disclosure of grassroots activities by paid lobbyists.
Sec. 106. Disclosure of lobbyist contributions and payments.
Sec. 107. Increased penalty for failure to comply with lobbying disclosure re-
quirements.
Sec. 108. Disclosure of lobbying activities by certain coalitions and associations.
TITLE II--SLOWING THE REVOLVING DOOR
Sec. 201. Amendments to restrictions on former officers, employees, and elected
officials of the executive and legislative branches.
Sec. 202. Additional employment rights.
Sec. 203. Public disclosure by Members of Congress of employment negotia-
tions.
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.
TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING
Sec. 401. Comptroller General review and semiannual reports.
TITLE I--ENHANCING LOBBYING
1
DISCLOSURE
2
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 insert-
10 ing ``Quarterly'';
11 (B) by striking ``the semiannual period''
12 and all that follows through ``July of each
S 2128 IS
3
1 year'' and insert ``the quarterly period begin-
2 ning on the first days of January, April, July,
3 and October of each year''; and
4 (C) by striking ``such semiannual period''
5 and insert ``such quarterly period''; and
6 (2) in subsection (b)--
7 (A) in the matter preceding paragraph (1),
8 by striking ``semiannual report'' and inserting
9 ``quarterly report'';
10 (B) in paragraph (2), by striking ``semi-
11 annual filing period'' and inserting ``quarterly
12 period'';
13 (C) in paragraph (3), by striking ``semi-
14 annual period'' and inserting ``quarterly pe-
15 riod''; and
16 (D) in paragraph (4), by striking ``semi-
17 annual filing period'' and inserting ``quarterly
18 period''.
19 (b) CONFORMING AMENDMENTS.--
20 (1) DEFINITION.--Section 3(10) of the Act (2
21 U.S.C. 1602) is amended by striking ``six month pe-
22 riod'' and inserting ``three-month period''.
23 (2) REGISTRATION.--Section 4 of the Act (2
24 U.S.C. 1603) is amended--
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4
1 (A) in subsection (a)(3)(A), by striking
2 ``semiannual period'' and inserting ``quarterly
3 period''; and
4 (B) in subsection (b)(3)(A), by striking
5 ``semiannual period'' and inserting ``quarterly
6 period''.
7 (3) ENFORCEMENT.--Section 6(6) of the Act (2
8 U.S.C. 1605(6)) is amended by striking ``semiannual
9 period'' and inserting ``quarterly period''.
10 (4) ESTIMATES.--Section 15 of the Act (2
11 U.S.C. 1610) is amended--
12 (A) in subsection (a)(1), by striking ``semi-
13 annual period'' and inserting ``quarterly pe-
14 riod''; and
15 (B) in subsection (b)(1), by striking ``semi-
16 annual period'' and inserting ``quarterly pe-
17 riod''.
18 (5) DOLLAR AMOUNTS.--
19 (A) REGISTRATION.--Section 4 of the Act
20 (2 U.S.C. 1603) is amended--
21 (i) in subsection (a)(3)(A)(i), by strik-
22 ing ``$5,000'' and inserting ``$2,500'';
23 (ii) in subsection (a)(3)(A)(ii), by
24 striking ``$20,000'' and inserting
25 ``$10,000'';
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5
1 (iii) in subsection (b)(3)(A), by strik-
2 ing ``$10,000'' and inserting ``$5,000'';
3 and
4 (iv) in subsection (b)(4), by striking
5 ``$10,000'' and inserting ``$5,000''.
6 (B) REPORTS.--Section 5 of the Act (2
7 U.S.C. 1604) is amended--
8 (i) in subsection (c)(1), by striking
9 ``$10,000'' and ``$20,000'' and inserting
10 ``$5,000'' and ``$10,000'', respectively; and
11 (ii) in subsection (c)(2), by striking
12 ``$10,000'' both places such term appears
13 and inserting ``$5,000''.
14 SEC. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE
15 REPORTS.
16 Section 5 of the Act (2 U.S.C. 1604) is amended by
17 adding at the end the following:
18 ``(d) ELECTRONIC FILING REQUIRED.--A report re-
19 quired to be filed under this section shall be filed in elec-
20 tronic form, in addition to any other form that may be
21 required by the Secretary of the Senate or the Clerk of
22 the House of Representatives.''.
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6
1 SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE IN-
2 FORMATION.
3 (a) DATABASE REQUIRED.--Section 6 of the Act (2
4 U.S.C. 1605) is amended--
5 (1) in paragraph (7), by striking ``and'' at the
6 end;
7 (2) in paragraph (8), by striking the period and
8 inserting ``; and''; and
9 (3) by adding at the end the following:
10 ``(9) maintain, and make available to the public
11 over the Internet, without a fee or other access
12 charge, in a searchable, sortable, and downloadable
13 manner, an electronic database that--
14 ``(A) includes the information contained in
15 registrations and reports filed under this Act;
16 ``(B) directly links the information it con-
17 tains to the information disclosed in reports
18 filed with the Federal Election Commission
19 under section 304 of the Federal Election Cam-
20 paign Act of 1971 (2 U.S.C. 434); and
21 ``(C) is searchable and sortable, at a min-
22 imum, by each of the categories of information
23 described in section 4(b) or 5(b).''.
24 (b) AVAILABILITY REPORTS.--Section 6(4) of the
OF
25 Act is amended by inserting before the semicolon the fol-
26 lowing: ``and, in the case of a report filed in electronic
S 2128 IS
7
1 form pursuant to section 5(d), shall make such report
2 available for public inspection over the Internet not more
3 than 48 hours after the report is filed''.
4 (c) AUTHORIZATION APPROPRIATIONS.--There
OF
5 are authorized to be appropriated such sums as may be
6 necessary to carry out paragraph (9) of section 6 of the
7 Act, as added by subsection (a).
8 SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL
9 PAST EXECUTIVE AND CONGRESSIONAL EM-
10 PLOYMENT.
11 Section 4(b)(6) of the Act (2 U.S.C. 1603) is amend-
12 ed by striking ``or a covered legislative branch official''
13 and all that follows through ``as a lobbyist on behalf of
14 the client,'' and inserting ``or a covered legislative branch
15 official,''.
16 SEC. 105. DISCLOSURE OF GRASSROOTS ACTIVITIES BY
17 PAID LOBBYISTS.
18 (a) DISCLOSURE GRASSROOTS ACTIVITIES.--Sec-
OF
19 tion 3 of the Act (2 U.S.C. 1602) is amended--
20 (1) in paragraph (2), by inserting ``or grass-
21 roots lobbying activities'' after ``lobbying activities''
22 both places it appears; and
23 (2) by adding at the end the following new
24 paragraphs--
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1 ``(17) GRASSROOTS term
LOBBYING.--The
2 `grassroots lobbying'--
3 ``(A) means any attempt to influence the
4 general public, or segments thereof, to engage
5 in lobbying contacts whether or not those con-
6 tacts were made on behalf of a client; and
7 ``(B) does not include any attempt de-
8 scribed in subparagraph (A) by a person or en-
9 tity directed to its members, employees, officers
10 or shareholders, unless such attempt is financed
11 with funds directly or indirectly received from
12 or arranged by a retained registrant.
13 ``(18) GRASSROOTS term
LOBBYIST.--The
14 `grassroots lobbyist' means any individual who is re-
15 tained by a client for financial or other compensa-
16 tion for services to engage in grassroots lobbying.
17 ``(19) GRASSROOTS term
LOBBYING FIRM.--The
18 `grassroots lobbying firm'--
19 ``(A) means a person or entity that has 1
20 or more employees who are grassroots lobbyists
21 on behalf of a client other than that person or
22 entity; and
23 ``(B) includes a self-employed individual
24 who is a grassroots lobbyist.
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1 ``(20) GRASSROOTS LOBBYING ACTIVITIES.--
2 The term `grassroots lobbying activities' means
3 grassroots lobbying and efforts in support of grass-
4 roots lobbying, including preparation and planning
5 activities, research and other background work that
6 is intended, at the time it is performed, for use in
7 grassroots lobbying, and coordination with the lob-
8 bying activities or grassroots lobbying activities of
9 others.
10 ``(21) LEADERSHIP term `leadership
PAC.--The
11 PAC' means, with respect to an individual holding
12 Federal office, an unauthorized political committee
13 which is associated with such individual.''.
14 (b) REGISTRATION.--Section 4(a) of the Act (2
15 U.S.C. 1603(a)) is amended--
16 (1) in paragraph (1), by striking ``45'' and in-
17 serting ``20'';
18 (2) by redesignating paragraph (3) as para-
19 graph (4);
20 (3) by inserting after paragraph (2) the fol-
21 lowing:
22 ``(3) GRASSROOTS later than
LOBBYING.--Not
23 20 days after a grassroots lobbying firm first is re-
24 tained by a client to engage in grassroots lobbying,
25 such grassroots lobbying firm shall register with the
S 2128 IS
10
1 Secretary of the Senate and the Clerk of the House
2 of Representatives.''; and
3 (4) in paragraph (4)(A), as redesignated--
4 (A) by striking ``paragraphs (1) and (2)''
5 and inserting ``paragraphs (1), (2), and (3)'';
6 and
7 (B) in clause (i), by inserting ``and grass-
8 roots lobbying activities'' after ``lobbying activi-
9 ties''.
10 (c) SEPARATE ITEMIZATION GRASSROOTS EX-
OF
11 5(b) of the Act (2 U.S.C. 1604(b)) is
PENSES.--Section
12 amended--
13 (1) in paragraph (3), by--
14 (A) inserting after ``total amount of all in-
15 come'' the following: ``(including a separate
16 good faith estimate of the total amount relating
17 specifically to grassroots lobbying activities and,
18 within that amount, a good faith estimate of
19 the total amount specifically relating to grass-
20 roots lobbying through paid advertising)'';
21 (B) inserting ``or a grassroots lobbying
22 firm'' after ``lobbying firm'';
23 (C) inserting ``or grassroots lobbying ac-
24 tivities'' after ``lobbying activities'' both places
25 it appears; and
S 2128 IS
11
1 (D) striking ``and'' after the semicolon;
2 (2) in paragraph (4), by--
3 (A) inserting after ``total expenses'' the
4 following: ``(including a separate good faith es-
5 timate of the total amount relating specifically
6 to grassroots lobbying activities and, within
7 that total amount, a separate good faith esti-
8 mate of the total amount specifically relating to
9 grassroots lobbying through paid advertising)'';
10 (B) inserting ``or grassroots lobbying ac-
11 tivities'' after ``lobbying activities'' both places
12 it appears; and
13 (C) striking the period and inserting ``;
14 and''; and
15 (3) by adding at the end the following:
16 ``(5) in the case of a grassroots lobbying firm,
17 for each client--
18 ``(A) a list of the specific issues upon
19 which the registrant engaged in grassroots lob-
20 bying activities, including, to the maximum ex-
21 tent practicable, a list of bill numbers and ref-
22 erences to specific executive branch activities;
23 ``(B) the total disbursements made for
24 grassroots lobbying activities, and a subtotal for
S 2128 IS
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1 disbursements made for grassroots lobbying
2 through paid advertising;
3 ``(C) identification of each person or entity
4 who received a disbursement of funds for grass-
5 roots lobbying activities of $10,000 or more
6 during the period and the total amount each
7 person or entity received; and
8 ``(D) if such disbursements are made
9 through a person or entity who serves as an
10 intermediary or conduit, identification of each
11 such intermediary or conduit, identification of
12 the person or entity who receives the funds, and
13 the total amount each such person or entity re-
14 ceived.''.
15 (d) LARGE GRASSROOTS EXPENDITURE.--Section
16 5(a) of the Act (2 U.S.C. 1604(a)) is amended--
17 (1) by striking ``No later'' and inserting ``Ex-
18 cept as provided in paragraph (2), not later''; and
19 (2) by adding at the end the following:
20 ``(2) LARGE GRASSROOTS EXPENDITURE.--A
21 registrant that is a grassroots lobbying firm and
22 that receives income of, or spends or agrees to
23 spend, an aggregate amount of $250,000 or more on
24 grassroots lobbying activities for a client, or for a
25 group of clients for a joint effort, shall file--
S 2128 IS
13
1 ``(A) a report under this section not later
2 than 20 days after receiving, spending, or
3 agreeing to spend that amount; and
4 ``(B) an additional report not later than 20
5 days after each time such lobbyist or lobbying
6 firm receives income of, or spends or agrees to
7 spend, an aggregate amount of $250,000 or
8 more on grassroots lobbying activities for a cli-
9 ent, or for a group of clients for a joint effort.''.
10 SEC. 106. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND
11 PAYMENTS.
12 Section 5(b) of the Act (2 U.S.C. 1604(b)) is amend-
13 ed--
14 (1) in paragraph (4), by striking ``and'' after
15 the semicolon;
16 (2) in paragraph (5), by striking the period and
17 inserting a semicolon; and
18 (3) by adding at the end the following:
19 ``(6) for each registrant (and for any political
20 committee, as defined in 301(4) of the Federal Elec-
21 tion Campaign Act of 1971 (2 U.S.C. 431(4)), affili-
22 ated with such registrant), and for each employee
23 listed as a lobbyist by a registrant under paragraph
24 (2)(C)--
S 2128 IS
14
1 ``(A) the name of each Federal candidate
2 or officeholder, leadership PAC, or political
3 party committee, to whom a contribution was
4 made, and the date and amount of such con-
5 tribution; and
6 ``(B) the name of each Federal candidate
7 or officeholder, or a leadership PAC of such
8 candidate or officeholder, or political party com-
9 mittee for whom a fundraising event was
10 hosted, cohosted, or otherwise sponsored, the
11 date and location of the event, and the total
12 amount raised by the event;
13 ``(7) the name of each covered legislative
14 branch official or covered executive branch official
15 for whom the registrant or employee listed as a lob-
16 byist provided, or directed or arranged to be pro-
17 vided, any payment or reimbursements for travel
18 and related expenses in connection with the duties of
19 such covered official, including for each such offi-
20 cial--
21 ``(A) an itemization of the payments or re-
22 imbursements provided to finance the travel
23 and related expenses and to whom the pay-
24 ments or reimbursements were made, including
25 any payment or reimbursement made with the
S 2128 IS
15
1 express or implied understanding or agreement
2 that such funds will be used for travel and re-
3 lated expenses;
4 ``(B) the purpose and final itinerary of the
5 trip, including a description of all meetings,
6 tours, events, and outings attended;
7 ``(C) the names of any registrant or indi-
8 vidual employed by the registrant who traveled
9 on any such trip;
10 ``(D) the identity of official or listed spon-
11 sor of travel; and
12 ``(E) the identity of any person or entity,
13 other than the listed sponsor of the travel,
14 which directly or indirectly provided for pay-
15 ment of travel and related expenses at the re-
16 quest or suggestion of the registrant or the em-
17 ployee;
18 ``(8) the date, recipient, and amount of funds
19 contributed or disbursed by, or arranged by, a reg-
20 istrant or employee listed as a lobbyist--
21 ``(A) to pay the costs of an event to honor
22 or recognize a covered legislative branch official
23 or covered executive branch official;
24 ``(B) to, or on behalf of, an entity that is
25 named for a covered legislative branch official
S 2128 IS
16
1 or covered executive branch official, or to a per-
2 son or entity in recognition of such official;
3 ``(C) to an entity established, financed,
4 maintained, or controlled by a covered legisla-
5 tive branch official or covered executive branch
6 official, or an entity designated by such official;
7 or
8 ``(D) to pay the costs of a meeting, retreat,
9 conference or other similar event held by, or for
10 the benefit of, 1 or more covered legislative
11 branch officials or covered executive branch of-
12 ficials;
13 except that this paragraph shall not apply to any
14 payment or reimbursement made from funds re-
15 quired to be reported under section 304 of the Fed-
16 eral Election Campaign Act of 1971 (2 U.S.C. 434);
17 and
18 ``(9) the date, recipient, and amount of any gift
19 (that under the rules of the House of Representa-
20 tives or Senate counts towards the one hundred dol-
21 lar cumulative annual limit described in such rules)
22 valued in excess of $20 given by a registrant or em-
23 ployee listed as a lobbyist to a covered legislative
24 branch official or covered executive branch official.
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17
1 For purposes of paragraph (9), the term `gift' means a
2 gratuity, favor, discount, entertainment, hospitality, loan,
3 forbearance, or other item having monetary value. The
4 term includes gifts of services, training, transportation,
5 lodging, and meals, whether provided in kind, by purchase
6 of a ticket, payment in advance, or reimbursement after
7 the expense has been incurred.''.
8 SEC. 107. INCREASED PENALTY FOR FAILURE TO COMPLY
9 WITH LOBBYING DISCLOSURE REQUIRE-
10 MENTS.
11 Section 7 of the Lobbying Disclosure Act of 1995 (2
12 U.S.C. 1606) is amended by striking ``$50,000'' and in-
13 serting ``$100,000''.
14 SEC. 108. DISCLOSURE OF LOBBYING ACTIVITIES BY CER-
15 TAIN COALITIONS AND ASSOCIATIONS.
16 (a) IN GENERAL.--Paragraph (2) of section 3 of the
17 Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is
18 amended to read as follows:
19 ``(2) CLIENT.--
20 ``(A) IN term `client'
GENERAL.--The
21 means any person or entity that employs or re-
22 tains another person for financial or other com-
23 pensation to conduct lobbying activities or
24 grassroots lobbying activities on behalf of that
25 person or entity. A person or entity whose em-
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18
1 ployees act as lobbyists on its own behalf if
2 both a client and an employer of such employ-
3 ees.
4 ``(B) TREATMENT OF COALITIONS AND AS-
5 SOCIATIONS.--
6 ``(i) IN as pro-
GENERAL.--Except
7 vided in clause (ii), in the case of a coali-
8 tion or association of 2 or more groups
9 that retains a person to conduct lobbying
10 activities or grassroots lobbying activities,
11 each group whose total contribution to the
12 coalition or association in connection with
13 the lobbying activities or grassroots lob-
14 bying activities exceeds an aggregate of
15 $10,000 during the reporting period is the
16 client along with the coalition or associa-
17 tion.
18 ``(ii) EXCEPTION FOR CERTAIN TAX
19 the case of an
EXEMPT ASSOCIATIONS.--In
20 association which is described in any para-
21 graph of section 501(c) of the Internal
22 Revenue Code of 1986 and exempt from
23 tax under section 501(a) of such Code, the
24 association (and not its members) shall be
25 treated as the client.
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1 ``(iii) MEMBERSHIP.--Nothing in this
2 paragraph shall be construed to require the
3 disclosure of any information about the
4 members of, or donors to, a group which is
5 treated as a client by this provision.''.
TITLE II--SLOWING THE
6
REVOLVING DOOR
7
8 SEC. 201. AMENDMENTS TO RESTRICTIONS ON FORMER OF-
9 FICERS, EMPLOYEES, AND ELECTED OFFI-
10 CIALS OF THE EXECUTIVE AND LEGISLATIVE
11 BRANCHES.
12 (a) VERY SENIOR EXECUTIVE PERSONNEL.--The
13 matter after subparagraph (C) in section 207(d)(1) of title
14 18, United States Code, is amended by striking ``within
15 1 year'' and inserting ``within 2 years''.
16 (b) MEMBERS CONGRESS, OFFICERS, EM-
OF AND
17 LEGISLATIVE BRANCH.--Section 207(e)
PLOYEES OF THE
18 of title 18, United States Code, is amended--
19 (1) in paragraph (1)(A), by striking ``within 1
20 year'' and inserting ``within 2 years'';
21 (2) in paragraph (2)(A), by striking ``within 1
22 year'' and inserting ``within 2 years'';
23 (3) in paragraph (3), by striking ``within 1
24 year'' and inserting ``within 2 years''; and
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20
1 (4) in paragraph (4)(A), by striking ``within 1
2 year'' and inserting ``within 2 years''.
3 SEC. 202. ADDITIONAL EMPLOYMENT RIGHTS.
4 (a) IN GENERAL.--Section 104 of the Indian Self-
5 Determination and Education Assistance Act (25 U.S.C.
6 450i) is amended by striking subsection (j) and inserting
7 the following:
8 ``(j) ADDITIONAL EMPLOYMENT RIGHTS.--
9 ``(1) IN sections
GENERAL.--Notwithstanding
10 205 and 207 of title 18, United States Code, an offi-
11 cer or employee of the United States assigned to an
12 Indian tribe under section 3372 of title 5, United
13 States Code, or section 2072 of the Revised Statutes
14 (25 U.S.C. 48), or an individual that was formerly
15 an officer or employee of the United States and who
16 is an employee of an Indian tribe employed to per-
17 form services pursuant to self-governance contracts
18 or compacts under this Act that the individual for-
19 merly performed for the United States, may commu-
20 nicate with and appear before any department, agen-
21 cy, court, or commission on behalf of the Indian
22 tribe with respect to any matter relating to the con-
23 tract or compact, including any matter in which the
24 United States is a party or has a direct and sub-
25 stantial interest.
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21
1 ``(2) NOTIFICATION OF INVOLVEMENT IN PEND-
2 officer, employee, or former offi-
ING MATTER.--An
3 cer or employee described in paragraph (1) shall
4 submit to the head of each appropriate department,
5 agency, court, or commission, in writing, a notifica-
6 tion of any personal and substantial involvement the
7 officer, employee, or former officer or employee had
8 as an officer or employee of the United States with
9 respect to the pending matter.''.
10 (b) EFFECTIVE DATE.--The effective date of the
11 amendment made by this section shall be the date that
12 is 1 year after the date of enactment of this Act.
13 SEC. 203. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS
14 OF EMPLOYMENT NEGOTIATIONS.
15 (a) HOUSE REPRESENTATIVES.--The Code of Of-
OF
16 ficial Conduct set forth in rule XXIII of the Rules of the
17 House of Representatives is amended by redesignating
18 clause 14 as clause 15 and by inserting after clause 13
19 the following new clause:
20 ``14. A Member, Delegate, or Resident Commissioner
21 shall file with the Clerk of the House of Representatives
22 for public disclosure, a statement that he or she is negoti-
23 ating or has any arrangement concerning prospective em-
24 ployment if a conflict of interest or the appearance of a
25 conflict of interest may exist. Such statement shall be
S 2128 IS
22
1 made within 3 days after the commencement of such nego-
2 tiation or arrangement.''.
3 (b) SENATE.--Rule XXXVII of the Standing Rules
4 of the Senate is amended by adding at the end the fol-
5 lowing:
6 ``13. A Member shall file with the Secretary of the
7 Senate, for public disclosure, a statement that he or she
8 is negotiating or has any arrangement concerning prospec-
9 tive employment if a conflict of interest or the appearance
10 of a conflict of interest may exist. Such statement shall
11 be made within 3 days after the commencement of such
12 negotiation or arrangement.''.
TITLE III--CURBING EXCESSES
13
IN PRIVATELY FUNDED TRAV-
14
EL AND LOBBYIST GIFTS
15
16 SEC. 301. REQUIREMENT OF FULL PAYMENT AND DISCLO-
17 SURE OF CHARTER FLIGHTS.
18 (a) HOUSE OF REPRESENTATIVES.--
19 (1) IN 5(a)(3)(A) of rule
GENERAL.--Clause
20 XXV of the Standing Rules of the House of Rep-
21 resentatives is amended by--
22 (A) inserting ``(1)'' after ``(A)''; and
23 (B) adding at the end the following:
24 ``(2) Market value for a flight on an airplane
25 that is not licensed by the Federal Aviation Adminis-
S 2128 IS
23
1 tration to operate for compensation or hire shall be
2 the fair market value of a charter flight. The Com-
3 mittee on Standards of Official Conduct shall make
4 public information received under this subparagraph
5 as soon as possible after it is received.''.
6 (2) DISCLOSURE.--Clause 5 of rule XXV of the
7 Standing Rules of the House of Representatives is
8 amended by adding at the end the following:
9 ``(g) A Member, officer, or employee who takes a
10 flight described in paragraph (a)(3)(A)(2) shall, with re-
11 spect to the flight, file a report with the Clerk of the
12 House of Representatives for public disclosure within 10
13 days after the flight--
14 ``(1) the date of the flight;
15 ``(2) the destination of the flight who else was
16 on the flight, other than those operating the plane;
17 and
18 ``(3) the purpose of the trip.''.
19 (b) SENATE.--
20 (1) IN 1(c)(1) of rule
GENERAL.--Paragraph
21 XXXV of the Standing Rules of the Senate is
22 amended by--
23 (A) inserting ``(A)'' after ``(1)''; and
24 (B) adding at the end the following:
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24
1 ``(B) Market value for a flight on an airplane
2 that is not licensed by the Federal Aviation Adminis-
3 tration to operate for compensation or hire shall be
4 the fair market value of a charter flight. The Select
5 Committee on Ethics shall make public information
6 received under this subparagraph as soon as possible
7 after it is received.''.
8 (2) DISCLOSURE.--Paragraph 1 of rule XXXV
9 of the Standing Rules of the Senate is amended by
10 adding at the end the following:
11 ``(h) A Member, officer, or employee who takes a
12 flight described in subparagraph (c)(1)(B) shall, with re-
13 spect to the flight, file a report with the Secretary of the
14 Senate for public disclosure within 10 days after the
15 flight--
16 ``(1) the date of the flight;
17 ``(2) the destination of the flight;
18 ``(3) who else was on the flight, other than
19 those operating the plane; and
20 ``(4) the purpose of the trip.''.
21 (c) CANDIDATES.--Subparagraph (B) of section
22 301(8) of the Federal Election Campaign Act of 1971 (42
23 U.S.C. 431(8)(B)) is amended by--
24 (1) in clause (xiii), striking ``and'' at the end;
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25
1 (2) in clause (xiv), by striking the period and
2 inserting ``; and''; and
3 (3) by adding at the end the following :
4 ``(xv) any travel expense for a flight
5 on an airplane that is not licensed by the
6 Federal Aviation Administration to operate
7 for compensation or hire, but only if the
8 candidate or the candidate's authorized
9 committee or other political committee
10 pays within 7 days after the date of the
11 flight to the owner, lessee, or other person
12 who provides the use of the airplane an
13 amount not less than the normal and usual
14 charter fare or rental charge for a com-
15 parable commercial airplane of appropriate
16 size.''.
17 SEC. 302. INCREASED DISCLOSURE OF TRAVEL BY MEM-
18 BERS.
19 (a) HOUSE REPRESENTATIVES.--Clause
OF
20 5(b)(1)(A)(ii) of rule XXV of the Rules of the House of
21 Representatives is amended by--
22 (1) inserting ``a detailed description and
23 itemization of each of'' before ``the expenses''; and
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26
1 (2) inserting ``, including a description of all
2 meetings, tours, events, and outings attended during
3 such travel'' before the period at the end thereof.
4 (b) SENATE.--Paragraph 2(c) of rule XXXV of the
5 Standing Rules of the Senate is amended--
6 (1) in subclause (5), by striking ``and'' after the
7 semicolon;
8 (2) by redesignating subclause (6) as subclause
9 (7); and
10 (3) by adding after subclause (5) the following:
11 ``(6) a detailed description and itemization of
12 all meetings, tours, events, and outings attended
13 during such travel; and''.
14 SEC. 303. GUIDELINES RESPECTING TRAVEL EXPENSES.
15 (a) HOUSE REPRESENTATIVES.--Clause 5(f) of
OF
16 rule XXV of the Rules of the House of Representatives
17 is amended by inserting ``(1)'' after ``(f)'' and by adding
18 at the end the following new subparagraph:
19 ``(2) Within 90 days after the date of adoption of this
20 subparagraph and at annual intervals thereafter, the Com-
21 mittee on Standards of official Conduct shall develop and
22 revise, as necessary, guidelines on what constitutes `rea-
23 sonable expenses' or `reasonable expenditures' for pur-
24 poses of paragraph (b)(4). In developing and revising the
25 guidelines, the committee shall take into account the max-
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27
1 imum per diem rates for official Government travel pub-
2 lished annually by the General Services Administration,
3 the Department of State, and the Department of De-
4 fense.''.
5 (b) SENATE.--Rule XXXV of the Standing Rules of
6 the Senate is amended by adding at the end the following:
7 ``(7) Not later than 90 days after the date of
8 adoption of this paragraph and at annual intervals
9 thereafter, the Select Committee on Ethics shall de-
10 velop and revise, as necessary, guidelines on what
11 constitutes `reasonable expenses' or `reasonable ex-
12 penditures' for purposes of this rule. In developing
13 and revising the guidelines, the committee shall take
14 into account the maximum per diem rates for official
15 Government travel published annually by the Gen-
16 eral Services Administration, the Department of
17 State, and the Department of Defense.''.
18 SEC. 304. VALUATION OF TICKETS TO SPORTING AND EN-
19 TERTAINMENT EVENTS.
20 (a) IN GENERAL.--For a covered executive branch
21 official, a gift of a ticket to a sporting or entertainment
22 event shall be valued at the face value of the ticket, pro-
23 vided that in the case of a ticket without a face value,
24 the ticket shall be valued at the highest cost of a ticket
25 with a face value for the event.
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28
1 (b) SENATE.--Paragraph 1(b)(1) of rule XXXV of
2 the Standing Rules of the Senate is amended by--
3 (1) inserting ``(A)'' after ``(1)''; and
4 (2) adding at the end the following:
5 ``(B) A gift of a ticket to a sporting or en-
6 tertainment event shall be valued at the face
7 value of the ticket, provided that in the case of
8 a ticket without a face value, the ticket shall be
9 valued at the highest cost of a ticket with a face
10 value for the event.''.
11 (c) HOUSE.--Clause 5(a)(2)(A) of rule XXV of the
12 Standing Rules of the House of Representatives is amend-
13 ed by--
14 (1) inserting ``(i)'' after ``(A)''; and
15 (2) adding at the end the following:
16 ``(ii) A gift of a ticket to a sporting or
17 entertainment event shall be valued at the
18 face value of the ticket, provided that in
19 the case of a ticket without a face value,
20 the ticket shall be valued at the highest
21 cost of a ticket with a face value for the
22 event.''.
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29
TITLE IV--OVERSIGHT OF
1
ETHICS AND LOBBYING
2
3 SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMI-
4 ANNUAL REPORTS.
5 (a) ONGOING REVIEW REQUIRED.--The Comptroller
6 General shall review on an ongoing basis the activities car-
7 ried out by the Clerk of the House of Representatives and
8 the Secretary of the Senate under section 6 of the Lob-
9 bying Disclosure Act of 1995 (2 U.S.C. 1605). The review
10 shall emphasize--
11 (1) the effectiveness of those activities in secur-
12 ing the compliance by lobbyists with the require-
13 ments of that Act; and
14 (2) whether the Clerk and the Secretary have
15 the resources and authorities needed for effective
16 oversight and enforcement of that Act.
17 (b) SEMIANNUAL REPORTS.--Twice yearly, not later
18 than January 1 and not later than July 1 of each year,
19 the Comptroller General shall submit to Congress a report
20 on the review required by subsection (a). The report shall
21 include the Comptroller General's assessment of the mat-
22 ters required to be emphasized by that subsection and any
23 recommendations of the Comptroller General to--
24 (1) improve the compliance by lobbyists with
25 the requirements of that Act; and
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30
1 (2) provide the Clerk and the Secretary with
2 the resources and authorities needed for effective
3 oversight and enforcement of that Act.
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Lindaland
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