U.S. Congress - Text of S.230 as Reported in Senate Lobbying and Ethics Reform Act of 2007
The easiest way to email your members of Congress
Donate NowS.230 - Lobbying and Ethics Reform Act of 2007
A bill to provide greater transparency in the legislative process.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 13,476 | n/a | n/a |
| Reported in Senate | 13,476 | 0 Show Changes Hide Changes | 0% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
S 230 ISCommentsClose CommentsPermalink
To provide greater transparency in the legislative process.CommentsClose CommentsPermalink
January 9, 2007
Mr. FEINGOLD (for himself, Mr. OBAMA, Mr. LIEBERMAN, and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink
To provide greater transparency in the legislative process.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Lobbying and Ethics Reform Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents-CommentsClose CommentsPermalink
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink
TITLE I--LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Sec. 101. Out of scope matters in conference reports.CommentsClose CommentsPermalink
Sec. 102. Conference report reforms.CommentsClose CommentsPermalink
Sec. 103. Elimination of floor privileges and other former Member benefits and privileges for former Members, Senate officers, and Speakers of the House who are lobbyists or seek financial gain.CommentsClose CommentsPermalink
Sec. 104. Ban on gifts from lobbyists.CommentsClose CommentsPermalink
Sec. 105. Travel restrictions and disclosure.CommentsClose CommentsPermalink
Sec. 106. Post employment restrictions.CommentsClose CommentsPermalink
Sec. 107. Public disclosure by Members of Congress of employment negotiations.CommentsClose CommentsPermalink
Sec. 108. Conflicts of interest with respect to a spouse or immediate family Member of a Member.CommentsClose CommentsPermalink
Sec. 109. Influencing hiring decisions.CommentsClose CommentsPermalink
Sec. 110. Sense of the Senate that any applicable restrictions on Congressional branch employees should apply to the Executive and Judicial branches.CommentsClose CommentsPermalink
Sec. 111. Requirement of notice of intent to proceed.CommentsClose CommentsPermalink
Sec. 112. Effective date.CommentsClose CommentsPermalink
TITLE II--LOBBYING TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Enhancing Lobbying Disclosure
Sec. 211. Quarterly filing of Lobbying disclosure reports.CommentsClose CommentsPermalink
Sec. 212. Quarterly reports on other contributions.CommentsClose CommentsPermalink
Sec. 213. Public database of Lobbying disclosure information.CommentsClose CommentsPermalink
Sec. 214. Disclosure by registered lobbyists of all past executive and Congressional employment.CommentsClose CommentsPermalink
Sec. 215. Lobbying on behalf of recipients of federal funds.CommentsClose CommentsPermalink
Sec. 216. Disclosure of lobbying for earmarks, and other additional disclosures.CommentsClose CommentsPermalink
Sec. 217. Increased penalty for failure to comply with Lobbying disclosure requirements.CommentsClose CommentsPermalink
Sec. 218. Disclosure of Lobbying activities by certain coalitions and associations.CommentsClose CommentsPermalink
Sec. 219. Disclosure of enforcement for noncompliance.CommentsClose CommentsPermalink
Sec. 220. Electronic filing of Lobbying disclosure reports.CommentsClose CommentsPermalink
Sec. 221. Disclosure of paid efforts to stimulate grassroots Lobbying.CommentsClose CommentsPermalink
Sec. 222. Electronic filing and public database for lobbyists for foreign governments.CommentsClose CommentsPermalink
Sec. 223. Effective date.CommentsClose CommentsPermalink
Subtitle B--Oversight of Ethics and Lobbying
Sec. 231. Comptroller General audit and annual report.CommentsClose CommentsPermalink
Sec. 232. Mandatory Senate ethics training for Members and staff.CommentsClose CommentsPermalink
Sec. 233. Sense of the Senate regarding self-regulation within the Lobbying community.CommentsClose CommentsPermalink
Sec. 234. Annual ethics committees reports.CommentsClose CommentsPermalink
Subtitle C--Slowing the Revolving Door
Sec. 241. Amendments to restrictions on former officers, employees, and elected officials of the executive and legislative branches.CommentsClose CommentsPermalink
Subtitle D--Ban on Provision of Gifts or Travel by Lobbyists in Violation of the Rules of Congress
Sec. 251. Prohibition on provision of gifts or travel by registered lobbyists to Members of Congress and to Congressional employees.CommentsClose CommentsPermalink
TITLE III--SENATE OFFICE OF PUBLIC INTEGRITY
Sec. 301. Establishment of Senate office of public integrity.CommentsClose CommentsPermalink
Sec. 302. Director.CommentsClose CommentsPermalink
Sec. 303. Duties and powers of the office.CommentsClose CommentsPermalink
Sec. 304. Investigations and interaction with the Senate select committee on ethics.CommentsClose CommentsPermalink
Sec. 305. Procedural rules.CommentsClose CommentsPermalink
Sec. 306. SOPI Employees under the congressional accountability Act.CommentsClose CommentsPermalink
Sec. 307. Effective date.CommentsClose CommentsPermalink
TITLE I--LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
SEC. 101. OUT OF SCOPE MATTERS IN CONFERENCE REPORTS.
(a) In General- A point of order may be made by any Senator against consideration of a conference report that includes any matter not committed to the conferees by either House. The point of order shall be made and voted on separately for each item in violation of this section.CommentsClose CommentsPermalink
(b) Disposition- If the point of order against a conference report under subsection (a) is sustained, then--CommentsClose CommentsPermalink
(1) the matter in such conference report shall be deemed to have been struck;CommentsClose CommentsPermalink
(2) when all other points of order under this section have been disposed of--CommentsClose CommentsPermalink
(A) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck;CommentsClose CommentsPermalink
(B) the question shall be debatable; andCommentsClose CommentsPermalink
(C) no further amendment shall be in order; andCommentsClose CommentsPermalink
(3) if the Senate agrees to the amendment, then the bill and the Senate amendment thereto shall be returned to the House for its concurrence in the amendment of the Senate.CommentsClose CommentsPermalink
(c) Supermajority Waiver and Appeal- This section may be waived or suspended in the Senate only by an affirmative vote of 3/5 of the Members, duly chosen and sworn. An affirmative vote of 3/5 of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.CommentsClose CommentsPermalink
SEC. 102. CONFERENCE REPORT REFORMS.
(a) In General-CommentsClose CommentsPermalink
(1) AMENDMENT- Rule XXVIII of all the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`7. It shall not be in order to consider a conference report unless--CommentsClose CommentsPermalink
`(1) such report is available to all Members and made available to the general public by means of the Internet for at least 48 hours before its consideration; andCommentsClose CommentsPermalink
`(2) the text of such report has not been changed after the Senate signatures sheets have been signed by a majority of the Senate conferees.'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- This subsection shall take effect 60 days after the date of enactment of this title.CommentsClose CommentsPermalink
(3) IMPLEMENTATION- Not later than 60 days after the date of enactment of this title, the Secretary of the Senate, in consultation with the Clerk of the House of Representatives, the Government Printing Office, and the Committee on Rules and Administration, shall develop a website capable of complying with the requirements of paragraph 7 of rule XXVIII of the Standing Rules of the Senate, as added by paragraph (1).CommentsClose CommentsPermalink
(b) Conference Committee Protocols- It is the sense of Senate that--CommentsClose CommentsPermalink
(1) conference committees should hold regular, formal meetings of all conferees that are open to the public or televised;CommentsClose CommentsPermalink
(2) all conferees should be given adequate notice of the time and place of all such meetings; andCommentsClose CommentsPermalink
(3) all conferees should be afforded an opportunity to participate in full and complete debates of the matters that such conference committees may recommend to their respective Houses.CommentsClose CommentsPermalink
SEC. 103. ELIMINATION OF FLOOR PRIVILEGES AND OTHER FORMER MEMBER BENEFITS AND PRIVILEGES FOR FORMER MEMBERS, SENATE OFFICERS, AND SPEAKERS OF THE HOUSE WHO ARE LOBBYISTS OR SEEK FINANCIAL GAIN.
(a) Floor Privileges- Rule XXIII of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) inserting `1.' before `Other';CommentsClose CommentsPermalink
(2) inserting after `Ex-Senators and Senators elect' the following: `, except as provided in paragraph 2';CommentsClose CommentsPermalink
(3) inserting after `Ex-Secretaries and ex-Sergeants at Arms of the Senate' the following: `, except as provided in paragraph 2';CommentsClose CommentsPermalink
(4) inserting after `Ex-Speakers of the House of Representatives' the following: `, except as provided in paragraph 2'; andCommentsClose CommentsPermalink
(5) adding at the end the following:CommentsClose CommentsPermalink
`2. (a) The floor privilege provided in paragraph 1 shall not apply when the Senate is in session to an individual covered by this paragraph who is--CommentsClose CommentsPermalink
`(1) a registered lobbyist or agent of a foreign principal; orCommentsClose CommentsPermalink
`(2) in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any legislative proposal.CommentsClose CommentsPermalink
`(b) The Committee on Rules and Administration may promulgate regulations to allow individuals covered by this paragraph floor privileges for ceremonial functions and events designated by the Majority Leader and the Minority Leader.'.CommentsClose CommentsPermalink
(b) Other Benefits and Privileges- A former Member of the Senate may not exercise privileges to use Senate or House gym or exercise facilities or member-only parking spaces if such Member is--CommentsClose CommentsPermalink
(1) a registered lobbyist or agent of a foreign principal; orCommentsClose CommentsPermalink
(2) in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any legislative proposal.CommentsClose CommentsPermalink
SEC. 104. BAN ON GIFTS FROM LOBBYISTS.
(a) In General- Rule XXXV of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) in paragraph 1(a), by--CommentsClose CommentsPermalink
(A) inserting `(A)' after `(2)'; andCommentsClose CommentsPermalink
(B) adding at the end the following:CommentsClose CommentsPermalink
`(B) This clause shall not apply to a gift from any person or entity required to register pursuant to section 4(a) of the Lobbying Disclosure Act of 1995, or any individual or entity identified as a lobbyist or a client in any current registration or report filed under such Act.'; andCommentsClose CommentsPermalink
(2) in paragraph 1, by adding at the end the following:CommentsClose CommentsPermalink
`(g) For purposes of this paragraph, a gift of a ticket to a sporting or entertainment event shall be valued at the face value printed on the ticket, provided that in the case of a ticket without a face value, or in the case of a ticket to a sky box, club seat, or any other premium seat, the ticket shall be valued at the highest cost of a ticket with a face value for the event.'.CommentsClose CommentsPermalink
(b) National Party Conventions- Paragraph (1)(d) of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`5. A Member may not participate in an event honoring that Member at a national party convention if such event is paid for by any person or entity required to register pursuant to section 4(a) of the Lobbying Disclosure Act of 1995, or any individual or entity identified as a lobbyist or a client in any current registration or report filed under such Act.'.CommentsClose CommentsPermalink
SEC. 105. TRAVEL RESTRICTIONS AND DISCLOSURE.
(a) Restriction of Privately Funded Travel-CommentsClose CommentsPermalink
(1) PROHIBITION- Paragraph 2(a) of rule XXXV of the Standing Rules of the Senate is amended--CommentsClose CommentsPermalink
(A) in clause (1), by striking `from an individual' and all that follows through `prohibited by this rule' and inserting `for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, factfinding trip, or similar event in connection with his duties as an officeholder shall be considered as a reimbursement to the Senate and not a gift prohibited by this rule when it is from a private source other than a registered lobbyist or agent of a foreign principal or a private entity that retains or employs registered lobbyists or agents of a foreign principal (except as provided in clause (3))'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(3) A reimbursement (including payment in kind) to a Member, officer, or employee of the Senate for any purpose described in clause (1) also shall be considered as a reimbursement to the Senate and not a gift prohibited by this rule (without regard to whether the source retains or employs registered lobbyists or agents of a foreign principal) if it is, under regulations prescribed by the Select Committee on Ethics to implement this provision--CommentsClose CommentsPermalink
`(A) directly from an institution of higher education within the meaning of section 101 of the Higher Education Act of 1965; orCommentsClose CommentsPermalink
`(B) provided only for attendance at or participation in 1-day of an event (exclusive of travel time and an overnight stay).CommentsClose CommentsPermalink
Regulations prescribed to implement this provision may permit a 2-night stay when determined by the committee on a case-by-case basis to be practically required to participate in 1-day of an event.'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on March 1, 2007.CommentsClose CommentsPermalink
(b) Lobbyist Organizations and Participation in Congressional Travel-CommentsClose CommentsPermalink
(1) IN GENERAL- Rule XXXV of the Standing Rules of the Senate is amended by redesignating paragraphs 3, 4, 5, and 6 as paragraphs 5, 6, 7, and 8, respectively, and by inserting after paragraph 2 the following:CommentsClose CommentsPermalink
`3. (a) A Member, officer, or employee of the Senate may not accept a reimbursement (including payment in kind) for transportation, lodging, or related expenses for a trip on which the traveler is accompanied on any segment by a registered lobbyist or agent of a foreign principal.CommentsClose CommentsPermalink
`(b) A Member, officer, or employee of the Senate may not accept a reimbursement (including payment in kind) for transportation, lodging, or related expenses under the exception in paragraph 2(a)(3)(B) of this rule for a trip that is financed in whole or in part by a private entity that retains or employs registered lobbyists or agents of a foreign principal unless any involvement of a registered lobbyist or agent of a foreign principal in the planning, organization, request, or arrangement of the trip is de minimis under rules prescribed by the Select Committee on Ethics to implement paragraph 2(a)(3).CommentsClose CommentsPermalink
`(c) A Member, officer, or employee of the Senate may not accept a reimbursement (including payment in kind) for transportation, lodging, or related expenses for a trip (other than a trip permitted under paragraph 2(a)(3)(B)) if such trip is in any part planned, organized, requested, or arranged by a registered lobbyist or agent of a foreign principal.CommentsClose CommentsPermalink
`4. A Member, officer, or employee of the Senate shall, before accepting travel otherwise permissible under paragraph 2(a) from any private source--CommentsClose CommentsPermalink
`(A) provide to the Select Committee on Ethics before such trip a written certification signed by the source or (in the case of a corporate person) by an officer of the source--CommentsClose CommentsPermalink
`(i) that the trip will not be financed in any part by a registered lobbyist or agent of a foreign principal;CommentsClose CommentsPermalink
`(ii) that the source either--CommentsClose CommentsPermalink
`(I) does not retain or employ registered lobbyists or agents of a foreign principal;CommentsClose CommentsPermalink
`(II) is an institution of higher education within the meaning of section 101 of the Higher Education Act of 1965; orCommentsClose CommentsPermalink
`(III) certifies that the trip meets the requirements specified in rules prescribed by the Committee on Standards of Official Conduct to implement paragraph 2(a)(3)(B) and specifically details the extent of any involvement of a registered lobbyist or agent of a foreign principal in the planning, organization, request, or arrangement of the trip considered to qualify as de minimis under such rules;CommentsClose CommentsPermalink
`(iii) that the source will not accept from another source any funds earmarked directly or indirectly for the purpose of financing any aspect of the trip; andCommentsClose CommentsPermalink
`(iv) that the trip will not in any part be planned, organized, requested, or arranged by a registered lobbyist or agent of a foreign principal, except as otherwise may be permitted under rules prescribed by the Select Committee on Ethics to implement paragraph (2)(a)(3); andCommentsClose CommentsPermalink
`(B) provide the Select Committee on Ethics (in the case of an employee, from the supervising Member or officer), in writing--CommentsClose CommentsPermalink
`(i) a detailed itinerary of the trip;CommentsClose CommentsPermalink
`(ii) a determination that the trip--CommentsClose CommentsPermalink
`(I) is primarily educational (either for the invited person or for the organization sponsoring the trip);CommentsClose CommentsPermalink
`(II) is consistent with the official duties of the Member, officer, or employee; andCommentsClose CommentsPermalink
`(III) does not create an appearance of use of public office for private gain; andCommentsClose CommentsPermalink
`(iii) has a minimal or no recreational component.'.CommentsClose CommentsPermalink
(2) CONFORMING CHANGES IN CROSS-REFERENCES- Rule XXXV of the Standing Rules of the Senate is amended--CommentsClose CommentsPermalink
(A) in paragraph 1(c)(5), by striking `paragraph 3(c)' and inserting `paragraph 5(c)'; andCommentsClose CommentsPermalink
(B) in paragraph 5(b) (as redesignated), by striking `paragraph 4' and inserting `paragraph 6'.CommentsClose CommentsPermalink
(3) TIMELINESS OF INFORMATION- Paragraph 2(a)(1)(B) of rule XXXV of the Standing Rules of the Senate is amended by striking `30 days' and inserting `15 days'.CommentsClose CommentsPermalink
(4) CONFORMING AMENDMENT- Paragraph 2(c) of rule XXXV of the Standing Rules of the Senate is amended by striking `of expenses reimbursed or to be reimbursed'.CommentsClose CommentsPermalink
(5) PUBLIC AVAILABILITY- Paragraph 2(e) of rule XXXV of the Standing Rules of the Senate is amended to read as follows:CommentsClose CommentsPermalink
`(e) The Secretary of the Senate shall make all advance authorizations, certifications, and disclosures filed pursuant to this paragraph available for public inspection as soon as possible after they are received.'.CommentsClose CommentsPermalink
(6) EFFECTIVE DATE- The amendments made by this subsection shall take effect on March 1, 2007.CommentsClose CommentsPermalink
(c) Expenses for Officially Connected Travel- Paragraph 2 of rule XXXV of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`(f) Not later than 45 days after the date of adoption of this paragraph and at annual intervals thereafter, the Select Committee on Ethics shall develop and revise, as necessary--CommentsClose CommentsPermalink
`(1) guidelines on judging the reasonableness of an expense or expenditure for purposes of this clause, including the factors that tend to establish--CommentsClose CommentsPermalink
`(A) a connection between a trip and official duties;CommentsClose CommentsPermalink
`(B) the reasonableness of an amount spent by a sponsor;CommentsClose CommentsPermalink
`(C) a relationship between an event and an officially connected purpose; andCommentsClose CommentsPermalink
`(D) a direct and immediate relationship between a source of funding and an event; andCommentsClose CommentsPermalink
`(2) regulations describing any additional information it will require individuals subject to this clause to submit to the committee in order to obtain the prior approval of the committee for any travel covered by this clause, including any required certifications.CommentsClose CommentsPermalink
`(g) In developing and revising guidelines under subparagraph (f)(1), the committee shall take into account the maximum per diem rates for official Government travel published annually by the General Services Administration, the Department of State, and the Department of Defense.'.CommentsClose CommentsPermalink
(d) Additional Disclosure- Paragraph 2(c) of rule XXXV of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) striking `and' after the semicolon at the end of clause (5);CommentsClose CommentsPermalink
(2) redesignating clause (6) as clause (7); andCommentsClose CommentsPermalink
(3) inserting after clause (5) the following:CommentsClose CommentsPermalink
`(6) a description of meetings and events attended; and'.CommentsClose CommentsPermalink
(e) Disclosure and Payment of Noncommercial Air Travel-CommentsClose CommentsPermalink
(1) RULES-CommentsClose CommentsPermalink
(A) DISCLOSURE AND PAYMENT- Paragraph 2 of rule XXXV of the Standing Rules of the Senate, as amended by subsection (c), is amended by adding at the end the following:CommentsClose CommentsPermalink
`(h) A Member, officer, or employee of the Senate shall--CommentsClose CommentsPermalink
`(1) disclose a flight on an aircraft operated by a carrier not licensed by the Federal Aviation Administration to operate for compensation or hire, excluding a flight on an aircraft owned, operated, or leased by a governmental entity taken in connection with the duties of the Member, officer, or employee as an officeholder or Senate officer or employee;CommentsClose CommentsPermalink
`(2) reimburse the owner or lessee of the aircraft for the pro rata share of the fair market value of such flight (as determined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of appropriate size by the number of members, officers, or employees of the Congress on the flight);CommentsClose CommentsPermalink
`(3) with respect to the flight, file a report with the Secretary of the Senate, including the date, destination, and owner or lessee of the aircraft, the purpose of the trip, and the persons on the trip, except for any member of the crew who is operating such flight; andCommentsClose CommentsPermalink
`(4) not travel on any such flight if any other passenger on such flight is--CommentsClose CommentsPermalink
`(A) a registered lobbyist under the Lobbying Disclosure Act of 1995;CommentsClose CommentsPermalink
`(B) listed as a lobbyist on a current registration or report filed under that Act; orCommentsClose CommentsPermalink
`(C) an employee of an entity that employs or retains lobbyists, except that this subparagraph shall not apply to any member of the crew who is operating such flight.'.CommentsClose CommentsPermalink
(B) FAIR MARKET VALUE OF NONCOMMERCIAL AIR TRAVEL- Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the Senate is amended--CommentsClose CommentsPermalink
(i) by inserting (A) after (1); andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
`(B) Fair market value for a flight on an aircraft operated by a carrier not licensed by the Federal Aviation Administration to operate for compensation or hire shall be the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size.'.CommentsClose CommentsPermalink
(C) REIMBURSEMENT- Paragraph 1 of rule XXXVIII of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`(c) Use of an aircraft operated by a carrier not licensed by the Federal Aviation Administration to operate for compensation or hire shall be valued for purposes of reimbursement under this rule as provided in paragraph 2(h)(2) of rule XXXV.'.CommentsClose CommentsPermalink
(D) CLARIFICATION OF REASONABLE EXPENDITURES FOR NONCOMMERCIAL AIR TRAVEL- Rule XXXV of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(i) in paragraph 7(a) (as redesignated), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(ii) in paragraph 7(b) (as redesignated), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(c) the term `reasonable expenditures for transportation' does not include travel on an aircraft operated by a carrier not licensed by the Federal Aviation Administration to operate for compensation or hire.'.CommentsClose CommentsPermalink
(2) FECA-CommentsClose CommentsPermalink
(A) DISCLOSURE- Section 304(b) of the Federal Election Campaign Act of 1971 (
(i) by striking `and' at the end of paragraph (7);CommentsClose CommentsPermalink
(ii) by striking the period at the end of paragraph (8) and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(9) in the case of a principal campaign committee of a candidate, leadership PAC, or political party committee, any flight taken by the candidate during the reporting period on an aircraft operated by a carrier not licensed by the Federal Aviation Administration to operate for compensation or hire, together with the following information:CommentsClose CommentsPermalink
`(A) The date of the flight.CommentsClose CommentsPermalink
`(B) The destination of the flight.CommentsClose CommentsPermalink
`(C) The owner or lessee of the aircraft.CommentsClose CommentsPermalink
`(D) The purpose of the flight.CommentsClose CommentsPermalink
`(E) The persons on the flight, except for any member of the crew who is operating such flight.'.CommentsClose CommentsPermalink
(B) EXCLUSION OF PAID FLIGHT FROM DEFINITION OF CONTRIBUTION- Subparagraph (B) of section 301(8) of the Federal Election Campaign Act of 1971 (
(i) in clause (xiii), by striking `and' at the end;CommentsClose CommentsPermalink
(ii) in clause (xiv), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(xv) any travel expense for a flight taken by the candidate, leadership PAC, or political party committee on an aircraft operated by a carrier not licensed by the Federal Aviation Administration to operate for compensation or hire: Provided, That--CommentsClose CommentsPermalink
`(I) the candidate (or the authorized committee of the candidate), leadership PAC, or political party committee pays to the owner, lessee, or other individual who provides the airplane the pro rata share of the fair market value of such flight (as determined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size by the number of candidates on the flight) by not later than 7 days after the date on which the flight is taken; andCommentsClose CommentsPermalink
`(II) no passenger on such flight is--CommentsClose CommentsPermalink
`(aa) a registered lobbyist under the Lobbying Disclosure Act of 1995;CommentsClose CommentsPermalink
`(bb) listed as a lobbyist on a current registration or report filed under that Act; orCommentsClose CommentsPermalink
`(cc) an employee of an entity that employs or retains lobbyists, except that this paragraph shall not apply to any member of the crew who is operating such flight.'.CommentsClose CommentsPermalink
(C) ADDTIONAL DEFINITION- Section 301 of the Federal Election Campaign Act of 1971 (
`(27) LEADERSHIP PAC- The term `leadership PAC' means with respect to an individual holding Federal office, an unauthorized political committee which is associated with an individual holding Federal office, except that such term shall not apply in the case of a political committee of a political party.'.CommentsClose CommentsPermalink
SEC. 106. POST EMPLOYMENT RESTRICTIONS.
(a) In General- Paragraph 8 of rule XXXVII of the Standing Rules of the Senate is amended to read as follows:CommentsClose CommentsPermalink
`8. A Member of the Senate shall not engage in any lobbying activity, as such term is defined in section 3(7) of the Lobbying Disclosure Act of 1995, in the 2 years after leaving the employment of the Senate.'.CommentsClose CommentsPermalink
(b) Effective Date- This section shall take effect 60 days after the date of enactment of this title.CommentsClose CommentsPermalink
SEC. 107. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS OF EMPLOYMENT NEGOTIATIONS.
Rule XXXVII of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`13. (a) A Member shall not directly negotiate or have any arrangement concerning prospective private employment as a lobbyist until after the election for his or her successor has been held.CommentsClose CommentsPermalink
`(b) An employee on the staff of a Member or on the staff of a committee whose rate of pay is equal to or greater than 75 percent of the rate of pay of a Member and employed at such rate for more than 60 days in a calendar year shall not directly negotiate or have any arrangement concerning prospective private employment with an organization that retains or employs lobbyists, unless such employee provides written notification to the Select Committee on Ethics within 3 business days after the commencement of such negotiation or arrangement, and obtains the advice of the committee on any actions that such employee should take to avoid any potential conflicts of interest.'.CommentsClose CommentsPermalink
SEC. 108. CONFLICTS OF INTEREST WITH RESPECT TO A SPOUSE OR IMMEDIATE FAMILY MEMBER OF A MEMBER.
(a) Spouse or Immediate Family Member as Lobbyist- Rule XXXVII of the Standing Rules of the Senate is amended by inserting at the end the following:CommentsClose CommentsPermalink
`14. (a) If a Member's spouse or immediate family member registers as a lobbyist under the Lobbying Disclosure Act of 1995 or is listed as a lobbyist on a current registration or report filed under that Act, or is employed or retained by such a registered lobbyist for the purpose of influencing legislation, the Member shall prohibit all staff employed by that Member (including staff in personal, committee and leadership offices) from having any lobbying contact with the Member's spouse or immediate family member.CommentsClose CommentsPermalink
`(b) In this paragraph, the term `immediate family member' means the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister of the Member.'.CommentsClose CommentsPermalink
(b) Payment of Campaign Funds-CommentsClose CommentsPermalink
(1) STANDING RULES- Paragraph 2 of rule XXXVIII of the Standing Rules of the Senate is amended by adding at the end the following: `In this paragraph, the term `personal use' shall include use by a spouse or immediate family member as defined by paragraph 10 of rule XXXVII.'CommentsClose CommentsPermalink
(2) FECA- Section 313(b) of the Federal Election Campaign Act of 1971 (
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (H), by striking `and' at the end;CommentsClose CommentsPermalink
(ii) in subparagraph (I), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(J) payments to a spouse or other immediate family member.'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(3) DEFINITION- In this subsection, the term `immediate family member' means the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister of a candidate.'.CommentsClose CommentsPermalink
SEC. 109. INFLUENCING HIRING DECISIONS.
Rule XLIII of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`6. No Member shall, with the intent to influence on the basis of partisan political affiliation an employment decision or employment practice of any private entity--CommentsClose CommentsPermalink
`(1) take or withhold, or offer or threaten to take or withhold, an official act; orCommentsClose CommentsPermalink
`(2) influence, or offer or threaten to influence the official act of another.'.CommentsClose CommentsPermalink
SEC. 110. SENSE OF THE SENATE THAT ANY APPLICABLE RESTRICTIONS ON CONGRESSIONAL BRANCH EMPLOYEES SHOULD APPLY TO THE EXECUTIVE AND JUDICIAL BRANCHES.
It is the sense of the Senate that any applicable restrictions on Congressional branch employees in this title should apply to the Executive and Judicial branches.CommentsClose CommentsPermalink
SEC. 111. REQUIREMENT OF NOTICE OF INTENT TO PROCEED.
(a) In General- The majority and minority leaders of the Senate or their designees shall recognize a notice of intent of a Senator who is a member of their caucus to object to proceeding to a measure or matter only if the Senator--CommentsClose CommentsPermalink
(1) submits the notice of intent in writing to the appropriate leader or their designee; andCommentsClose CommentsPermalink
(2) within 3 session days after the submission under paragraph (1), submits for inclusion in the Congressional Record and in the applicable calendar section described in subsection (b) the following notice:CommentsClose CommentsPermalink
`I, Senator XX, intend to object to proceeding to XX, dated XX.'.CommentsClose CommentsPermalink
(b) Calendar- The Secretary of the Senate shall establish for both the Senate Calendar of Business and the Senate Executive Calendar a separate section entitled `Notices of Intent to Object to Proceeding'. Each section shall include the name of each Senator filing a notice under subsection (a)(2), the measure or matter covered by the calendar that the Senator objects to, and the date the objection was filed.CommentsClose CommentsPermalink
(c) Removal- A Senator may have an item with respect to the Senator removed from a calendar to which it was added under subsection (b) by submitting for inclusion in the Congressional Record the following notice:CommentsClose CommentsPermalink
`I, Senator XX, do not object to proceeding to XX, dated XX.'.CommentsClose CommentsPermalink
SEC. 112. EFFECTIVE DATE.
Except as otherwise provided in this title, this title shall take effect on the date of enactment of this title.CommentsClose CommentsPermalink
TITLE II--LOBBYING TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Enhancing Lobbying Disclosure
SEC. 211. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required- Section 5 of the Lobbying Disclosure Act of 1995 (in this title referred to as the `Act') (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the subsection heading, by striking `Semiannual' and inserting `Quarterly';CommentsClose CommentsPermalink
(B) by striking `the semiannual period' and all that follows through `July of each year' and inserting `the quarterly period beginning on the 20th day of January, April, July, and October of each year, or on the first business day after the 20th day if that day is not a business day'; andCommentsClose CommentsPermalink
(C) by striking `such semiannual period' and inserting `such quarterly period'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking `semiannual report' and inserting `quarterly report';CommentsClose CommentsPermalink
(B) in paragraph (2), by striking `semiannual filing period' and inserting `quarterly period';CommentsClose CommentsPermalink
(C) in paragraph (3), by striking `semiannual period' and inserting `quarterly period'; andCommentsClose CommentsPermalink
(D) in paragraph (4), by striking `semiannual filing period' and inserting `quarterly period'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) DEFINITION- Section 3(10) of the Act (
(2) REGISTRATION- Section 4 of the Act (
(A) in subsection (a)(3)(A), by striking `semiannual period' and inserting `quarterly period'; andCommentsClose CommentsPermalink
(B) in subsection (b)(3)(A), by striking `semiannual period' and inserting `quarterly period'.CommentsClose CommentsPermalink
(3) ENFORCEMENT- Section 6(a)(6) of the Act (
(4) ESTIMATES- Section 15 of the Act (
(A) in subsection (a)(1), by striking `semiannual period' and inserting `quarterly period'; andCommentsClose CommentsPermalink
(B) in subsection (b)(1), by striking `semiannual period' and inserting `quarterly period'.CommentsClose CommentsPermalink
(5) DOLLAR AMOUNTS-CommentsClose CommentsPermalink
(A) REGISTRATION- Section 4 of the Act (
(i) in subsection (a)(3)(A)(i), by striking `$5,000' and inserting `$2,500';CommentsClose CommentsPermalink
(ii) in subsection (a)(3)(A)(ii), by striking `$20,000' and inserting `$10,000';CommentsClose CommentsPermalink
(iii) in subsection (b)(3)(A), by striking `$10,000' and inserting `$5,000'; andCommentsClose CommentsPermalink
(iv) in subsection (b)(4), by striking `$10,000' and inserting `$5,000'.CommentsClose CommentsPermalink
(B) REPORTS- Section 5 of the Act (
(i) in subsection (c)(1), by striking `$10,000' and `$20,000' and inserting `$5,000' and `$10,000', respectively; andCommentsClose CommentsPermalink
(ii) in subsection (c)(2), by striking `$10,000' both places such term appears and inserting `$5,000'.CommentsClose CommentsPermalink
SEC. 212. QUARTERLY REPORTS ON OTHER CONTRIBUTIONS.
Section 5 of the Act (
`(d) Quarterly Reports on Other Contributions-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 45 days after the end of the quarterly period beginning on the 20th day of January, April, July, and October of each year, or on the first business day after the 20th if that day is not a business day, each registrant under paragraphs (1) or (2) of section 4(a), and each employee who is listed as a lobbyist on a current registration or report filed under this Act, shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing--CommentsClose CommentsPermalink
`(A) the name of the registrant or lobbyist;CommentsClose CommentsPermalink
`(B) the employer of the lobbyist or the names of all political committees associated with the registrant;CommentsClose CommentsPermalink
`(C) the name of each Federal candidate or officeholder, leadership PAC, or political party committee, to whom aggregate contributions equal to or exceeding $200 were made by the lobbyist, the registrant, or a political committee associated with the registrant during the past calendar year, and the date and amount of each contribution made within the past quarter;CommentsClose CommentsPermalink
`(D) the name of each Federal candidate or officeholder, leadership PAC, or political party committee for whom a fundraising event was hosted, co-hosted, or otherwise sponsored by the lobbyist, the registrant, or a political committee associated with the registrant within the past quarter, and the date, location, and total amount raised at such event;CommentsClose CommentsPermalink
`(E) the name of each Federal candidate or officeholder, leadership PAC, or political party committee for whom aggregate contributions equal to or exceeding $200 were collected or arranged during the past calendar year, and to the extent known the aggregate amount of such contributions within the past quarter for each recipient;CommentsClose CommentsPermalink
`(F) the name of each covered legislative branch official or covered executive branch official for whom the lobbyist, the registrant, or a political committee associated with the registrant provided, or directed or caused to be provided, any payment or reimbursements for travel and related expenses in connection with the duties of such covered official, including for each such official--CommentsClose CommentsPermalink
`(i) an itemization of the payments or reimbursements provided to finance the travel and related expenses, and to whom the payments or reimbursements were made with the express or implied understanding or agreement that such funds will be used for travel and related expenses;CommentsClose CommentsPermalink
`(ii) the purpose and final itinerary of the trip, including a description of all meetings, tours, events, and outings attended;CommentsClose CommentsPermalink
`(iii) whether the registrant or lobbyist traveled on any such travel;CommentsClose CommentsPermalink
`(iv) the identity of the listed sponsor or sponsors of such travel; andCommentsClose CommentsPermalink
`(v) the identity of any person or entity, other than the listed sponsor or sponsors of the travel, who directly or indirectly provided for payment of travel and related expenses at the request or suggestion of the lobbyist, the registrant, or a political committee associated with the registrant;CommentsClose CommentsPermalink
`(G) the date, recipient, and amount of funds contributed, disbursed, or arranged by the lobbyist, the registrant, or a political committee associated with the registrant--CommentsClose CommentsPermalink
`(i) to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch official;CommentsClose CommentsPermalink
`(ii) to, or on behalf of, an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official;CommentsClose CommentsPermalink
`(iii) to an entity established, financed, maintained, or controlled by a covered legislative branch official or covered executive branch official, or an entity designated by such official; orCommentsClose CommentsPermalink
`(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or for the benefit of, 1 or more covered legislative branch officials or covered executive branch officials;CommentsClose CommentsPermalink
`(H) the date, recipient, and amount of any gift (that under the standing rules of the House of Representatives or Senate counts towards the $100 cumulative annual limit described in such rules) valued in excess of $20 given by the lobbyist, the registrant, or a political committee associated with the registrant to a covered legislative branch official or covered executive branch official; andCommentsClose CommentsPermalink
`(I) the name of each Presidential library foundation and Presidential inaugural committee, to whom contributions equal to or exceeding $200 were made bythe lobbyist, the registrant, or a political committee associated with the registrantduring the past calendar year, and the date and amount of each such contribution within the past quarter.CommentsClose CommentsPermalink
`(2) RULES OF CONSTRUCTION- For purposes of this subsection, contributions, donations, or other funds--CommentsClose CommentsPermalink
`(A) are `collected by' a lobbyist, registrant, or political committee associated with the registrant where funds donated by a person other than the lobbyist, registrant, or political committee associated with the registrant are received by the lobbyist, registrant, or political committee associated with the registrant for, or forwarded by the lobbyist, registrant, or political committee associated with the registrant to, a Federal candidate or officeholder, leadership PAC or political party committee, or other recipient; andCommentsClose CommentsPermalink
`(B) are `arranged by' a lobbyist, registrant, or political committee associated with the registrant where funds donated by a person other than the lobbyist, registrant, or political committee associated with the registrant are received by a Federal candidate or officeholder, leadership PAC, political party committee, or other recipient, and the lobbyist, registrant, or political committee associated with the registrant has actual knowledge that the recipient is aware that the contributions were solicited, arranged, or directed to the recipient by the lobbyist, registrant, or political committee associated with the registrant.CommentsClose CommentsPermalink
`(3) DEFINITIONS- In this subsection, the following definitions shall apply:CommentsClose CommentsPermalink
`(A) GIFT- The term `gift'--CommentsClose CommentsPermalink
`(i) means a gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value; andCommentsClose CommentsPermalink
`(ii) includes, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred--CommentsClose CommentsPermalink
`(I) gifts of services;CommentsClose CommentsPermalink
`(II) training;CommentsClose CommentsPermalink
`(III) transportation; andCommentsClose CommentsPermalink
`(IV) lodging and meals.CommentsClose CommentsPermalink
`(B) LEADERSHIP PAC- The term `leadership PAC' means with respect to an individual holding Federal office, an unauthorized political committee which is associated with an individual holding Federal office, except that such term shall not apply in the case of a political committee of a political party.'.CommentsClose CommentsPermalink
SEC. 213. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.
(a) Database Required- Section 6 of the Act (
(1) in paragraph (7), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (8), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(9) maintain, and make available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, an electronic database that--CommentsClose CommentsPermalink
`(A) includes the information contained in registrations and reports filed under this Act;CommentsClose CommentsPermalink
`(B) directly links the information it contains to the information disclosed in reports filed with the Federal Election Commission under section 304 of the Federal Election Campaign Act of 1971 (
`(C) is searchable and sortable, at a minimum, by each of the categories of information described in section 4(b) or 5(b).'.CommentsClose CommentsPermalink
(b) Availability of Reports- Section 6(a)(4) of the Act is amended by inserting before the semicolon the following: `and, in the case of a report filed in electronic form under section 5(e), shall make such report available for public inspection over the Internet not more than 48 hours after the report is filed'.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out paragraph (9) of section 6(a) of the Act, as added by subsection (a).CommentsClose CommentsPermalink
SEC. 214. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST EXECUTIVE AND CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Act (
SEC. 215. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.
The Lobbying Disclosure Act of 1995 is amended by adding after section 5 the following:CommentsClose CommentsPermalink
`SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.
`(a) In General- A recipient of Federal funds shall file a report as required by section 5(a) containing--CommentsClose CommentsPermalink
`(1) the name of any lobbyist registered under this Act to whom the recipient paid money to lobby on behalf of the Federal funding received by the recipient; andCommentsClose CommentsPermalink
`(2) the amount of money paid as described in paragraph (1).CommentsClose CommentsPermalink
`(b) Definition- In this section, the term `recipient of Federal funds' means the recipient of Federal funds constituting an award, grant, or loan.'.CommentsClose CommentsPermalink
SEC. 216. DISCLOSURE OF LOBBYING FOR EARMARKS, AND OTHER ADDITIONAL DISCLOSURES.
(a) Additional Definitions- Section 3 of the Act (
`(17) EARMARK- The `earmark' means a provision or report language included primarily at the request of a Member or Members of Congress providing, authorizing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.CommentsClose CommentsPermalink
`(18) LIMITED TAX BENEFIT- The term `limited tax benefit' means--CommentsClose CommentsPermalink
`(A) any revenue-losing provision that--CommentsClose CommentsPermalink
`(i) provides a Federal tax deduction, credit, exclusion or preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986; andCommentsClose CommentsPermalink
`(ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; orCommentsClose CommentsPermalink
`(B) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
`(19) LIMITED TARIFF BENEFIT- The term `limited tariff benefit' means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities.'.CommentsClose CommentsPermalink
(b) Registration Disclosures- Section 4(b)(5)(B) of the Act (
(c) Reports by Registered Lobbyists-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 5(b)(2)(A) of the Act (
`(A) a list of the specific issues upon which a lobbyist employed by the registrant engaged in lobbying activities, including--CommentsClose CommentsPermalink
`(i) to the maximum extent practicable, a list of bill numbers and references to specific executive branch actions;CommentsClose CommentsPermalink
`(ii) each earmark, limited tax benefit, or limited tariff benefit for which the registrant engaged in lobbying activities;CommentsClose CommentsPermalink
`(iii) the Member of Congress, if known, requesting the earmark, limited tax benefit, or limited tariff benefit; andCommentsClose CommentsPermalink
`(iv) the legislation that contains the earmark, limited tax benefit, or limited tariff benefit, or to which the earmark, limited tax benefit, or limited tariff benefit is being offered, including the bill number, if known;'.CommentsClose CommentsPermalink
(2) FURTHER IDENTIFICATION OF CLIENTS- Section 5(b) of the Act (
(A) in paragraph (3), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(B) in paragraph (4), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(5) for each client, immediately after listing the client, an identification of whether the client is a public entity, including a State or local government or a department, agency, special purpose district, or other instrumentality controlled by a State or local government, or a private entity.'.CommentsClose CommentsPermalink
SEC. 217. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING DISCLOSURE REQUIREMENTS.
Section 7 of the Act (
SEC. 218. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND ASSOCIATIONS.
(a) In General- Section 4(b)(3)(B) of the Act (
`(B) participates in a substantial way in the planning, supervision or control of such lobbying activities;'.CommentsClose CommentsPermalink
(b) No Donor or Membership List Disclosure- Section 4(b) of the Act (
`No disclosure is required under paragraph (3)(B) if it is publicly available knowledge that the organization that would be identified is affiliated with the client or has been publicly disclosed to have provided funding to the client, unless the organization in whole or in major part plans, supervises or controls such lobbying activities. Nothing in paragraph (3)(B) shall be construed to require the disclosure of any information about individuals who are members of, or donors to, an entity treated as a client by this Act or an organization identified under that paragraph.'.CommentsClose CommentsPermalink
SEC. 219. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.
Section 6 of the Act (
(1) by inserting `(a)' before `The Secretary of the Senate';CommentsClose CommentsPermalink
(2) in paragraph (8), by striking `and' at the end;CommentsClose CommentsPermalink
(3) in paragraph (9), by striking the period and inserting `; and';CommentsClose CommentsPermalink
(4) after paragraph (9), by inserting the following:CommentsClose CommentsPermalink
`(10) provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives the aggregate number of lobbyists and lobbying firms, separately accounted, referred to the United States Attorney for the District of Columbia for noncompliance as required by paragraph (8) on a semi-annual basis'; andCommentsClose CommentsPermalink
(5) by inserting at the end the following:CommentsClose CommentsPermalink
`(b) Enforcement Report- The United States Attorney for the District of Columbia shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Government Reform and the Committee on the Judiciary of the House of Representatives on a semi-annual basis the aggregate number of enforcement actions taken by the Attorney's office under this Act and the amount of fines, if any, by case, except that such report shall not include the names of individuals or personally identifiable information.'.CommentsClose CommentsPermalink
SEC. 220. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Lobbying Disclosure- Section 5 of the Act (
`(e) Electronic Filing Required- A report required to be filed under this section shall be filed in electronic form, in addition to any other form. The Secretary of the Senate and the Clerk of the House of Representatives shall use the same electronic software for receipt and recording of filings under this Act.'.CommentsClose CommentsPermalink
(b) Senate Candidates Required to File Election Reports in Electronic Form-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 304(a)(11)(D) of the Federal Election Campaign Act of 1971 (
`(D) As used in this paragraph, the terms `designation', `statement', or `report' mean a designation, statement, or report, respectively, which--CommentsClose CommentsPermalink
`(i) is required by this Act to be filed with the Commission; orCommentsClose CommentsPermalink
`(ii) is required under section 302(g) to be filed with the Secretary of the Senate and forwarded by the Secretary to the Commission.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Section 302(g)(2) of the Federal Election Campaign Act of 1971 (
(B) Section 304(a)(11)(B) of the Federal Election Campaign Act of 1971 (
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply to any designation, statement, or report required to be filed after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 221. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.
(a) Definitions- Section 3 of the Act (
(1) in paragraph (7), by adding at the end of the following: `Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying.'; andCommentsClose CommentsPermalink
(2) by adding at the end of the following:CommentsClose CommentsPermalink
`(20) GRASSROOTS LOBBYING- The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same.CommentsClose CommentsPermalink
`(21) PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders.CommentsClose CommentsPermalink
`(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.CommentsClose CommentsPermalink
`(C) REGISTRANT- For purposes of this paragraph, a person or entity is a member of a registrant if the person or entity--CommentsClose CommentsPermalink
`(i) pays dues or makes a contribution of more than a nominal amount to the entity;CommentsClose CommentsPermalink
`(ii) makes a contribution of more than a nominal amount of time to the entity;CommentsClose CommentsPermalink
`(iii) is entitled to participate in the governance of the entity;CommentsClose CommentsPermalink
`(iv) is 1 of a limited number of honorary or life members of the entity; orCommentsClose CommentsPermalink
`(v) is an employee, officer, director or member of the entity.CommentsClose CommentsPermalink
`(22) GRASSROOTS LOBBYING FIRM- The term `grassroots lobbying firm' means a person or entity that--CommentsClose CommentsPermalink
`(A) is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; andCommentsClose CommentsPermalink
`(B) receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period.'.CommentsClose CommentsPermalink
(b) Registration- Section 4(a) of the Act (
(1) in the flush matter at the end of paragraph (3)(A), by adding at the end the following: `For purposes of clauses (i) and (ii), the term `lobbying activities' shall not include paid efforts to stimulate grassroots lobbying.'; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
`(4) FILING BY GRASSROOTS LOBBYING FIRMS- Not later than 45 days after a grassroots lobbying firm first is retained by a client to engage in paid efforts to stimulate grassroots lobbying, such grassroots lobbying firm shall register with the Secretary of the Senate and the Clerk of the House of Representatives.'.CommentsClose CommentsPermalink
(c) Separate Itemization of Paid Efforts To Stimulate Grassroots Lobbying- Section 5(b) of the Act (
(1) in paragraph (3), by--CommentsClose CommentsPermalink
(A) inserting after `total amount of all income' the following: `(including a separate good faith estimate of the total amount of income relating specifically to paid efforts to stimulate grassroots lobbying and, within that amount, a good faith estimate of the total amount specifically relating to paid advertising)'; andCommentsClose CommentsPermalink
(B) inserting `or a grassroots lobbying firm' after `lobbying firm';CommentsClose CommentsPermalink
(2) in paragraph (4), by inserting after `total expenses' the following: `(including a good faith estimate of the total amount of expenses relating specifically to paid efforts to stimulate grassroots lobbying and, within that total amount, a good faith estimate of the total amount specifically relating to paid advertising)'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`Subparagraphs (B) and (C) of paragraph (2) shall not apply with respect to reports relating to paid efforts to stimulate grassroots lobbying activities.'.CommentsClose CommentsPermalink
(d) Good Faith Estimates and De Minimis Rules for Paid Efforts To Stimulate Grassroots Lobbying-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 5(c) of the Act (
`(c) Estimates of Income or Expenses- For purposes of this section, the following shall apply:CommentsClose CommentsPermalink
`(1) Estimates of income or expenses shall be made as follows:CommentsClose CommentsPermalink
`(A) Estimates of amounts in excess of $10,0000 shall be rounded to the nearest $20,000.CommentsClose CommentsPermalink
`(B) In the event income or expenses do not exceed $10,000, the registrant shall include a statement that income or expenses totaled less than $10,000 for the reporting period.CommentsClose CommentsPermalink
`(2) Estimates of income or expenses relating specifically to paid efforts to stimulate grassroots lobbying shall be made as follows:CommentsClose CommentsPermalink
`(A) Estimates of amounts in excess of $25,000 shall be rounded to the nearest $20,000.CommentsClose CommentsPermalink
`(B) In the event income or expenses do not exceed $25,000, the registrant shall include a statement that income or expenses totaled less than $25,000 for the reporting period.'.CommentsClose CommentsPermalink
(2) TAX REPORTING- Section 15 of the Act (
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) in paragraph (1), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(ii) in paragraph (2), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(3) in lieu of using the definition of paid efforts to stimulate grassroots lobbying in section 3(18), consider as paid efforts to stimulate grassroots lobbying only those activities that are grassroots expenditures as defined in section 4911(c)(3) of the Internal Revenue Code of 1986.'; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (1), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(ii) in paragraph (2), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(3) in lieu of using the definition of paid efforts to stimulate grassroots lobbying in section 3(18), consider as paid efforts to stimulate grassroots lobbying only those activities that are grassroots expenditures as defined in section 4911(c)(3) of the Internal Revenue Code of 1986.'.CommentsClose CommentsPermalink
SEC. 222. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS FOR FOREIGN GOVERNMENTS.
(a) Electronic Filing- Section 2 of the Foreign Agents Registration Act (
`(g) Electronic Filing of Registration Statements and Updates- A registration statement or update required to be filed under this section shall be filed in electronic form, in addition to any other form that may be required by the Attorney General.'.CommentsClose CommentsPermalink
(b) Public Database- Section 6 of the Foreign Agents Registration Act (
`(d) Public Database of Registration Statements and Updates-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Attorney General shall maintain, and make available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, an electronic database that--CommentsClose CommentsPermalink
`(A) includes the information contained in registration statements and updates filed under this Act;CommentsClose CommentsPermalink
`(B) directly links the information it contains to the information disclosed in reports filed with the Federal Election Commission under section 304 of the Federal Election Campaign Act of 1971 (
`(C) is searchable and sortable, at a minimum, by each of the categories of information described in section 2(a).CommentsClose CommentsPermalink
`(2) ACCOUNTABILITY- Each registration statement and update filed in electronic form pursuant to section 2(g) shall be made available for public inspection over the internet not more than 48 hours after the registration statement or update is filed.'.CommentsClose CommentsPermalink
SEC. 223. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take effect July 1, 2007.CommentsClose CommentsPermalink
Subtitle B--Oversight of Ethics and Lobbying
SEC. 231. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.
(a) Audit Required- The Comptroller General shall audit on an annual basis lobbying registration and reports filed under the Lobbying Disclosure Act of 1995 to determine the extent of compliance or noncompliance with the requirements of that Act by lobbyists and their clients.CommentsClose CommentsPermalink
(b) Annual Reports- Not later than April 1 of each year, the Comptroller General shall submit to Congress a report on the review required by subsection (a). The report shall include the Comptroller General's assessment of the matters required to be emphasized by that subsection and any recommendations of the Comptroller General to--CommentsClose CommentsPermalink
(1) improve the compliance by lobbyists with the requirements of that Act; andCommentsClose CommentsPermalink
(2) provide the Secretary of the Senate and the Clerk of the House of Representatives with the resources and authorities needed for effective oversight and enforcement of that Act.CommentsClose CommentsPermalink
SEC. 232. MANDATORY SENATE ETHICS TRAINING FOR MEMBERS AND STAFF.
(a) Training Program- The Select Committee on Ethics shall conduct ongoing ethics training and awareness programs for Members of the Senate and Senate staff.CommentsClose CommentsPermalink
(b) Requirements- The ethics training program conducted by the Select Committee on Ethics shall be completed by--CommentsClose CommentsPermalink
(1) new Senators or staff not later than 60 days after commencing service or employment; andCommentsClose CommentsPermalink
(2) Senators and Senate staff serving or employed on the date of enactment of this Act not later than 120 days after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 233. SENSE OF THE SENATE REGARDING SELF-REGULATION WITHIN THE LOBBYING COMMUNITY.
It is the sense of the Senate that the lobbying community should develop proposals for multiple self-regulatory organizations which could provide--CommentsClose CommentsPermalink
(1) for the creation of standards for the organizations appropriate to the type of lobbying and individuals to be served;CommentsClose CommentsPermalink
(2) training for the lobbying community on law, ethics, reporting requirements, and disclosure requirements;CommentsClose CommentsPermalink
(3) for the development of educational materials for the public on how to responsibly hire a lobbyist or lobby firm;CommentsClose CommentsPermalink
(4) standards regarding reasonable fees to clients;CommentsClose CommentsPermalink
(5) for the creation of a third-party certification program that includes ethics training; andCommentsClose CommentsPermalink
(6) for disclosure of requirements to clients regarding fee schedules and conflict of interest rules.CommentsClose CommentsPermalink
SEC. 234. ANNUAL ETHICS COMMITTEES REPORTS.
The Committee on Standards of Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate shall each issue an annual report due no later than January 31, describing the following:CommentsClose CommentsPermalink
(1) The number of alleged violations of Senate or House rules including the number received from third parties, from Members or staff within each House, or inquires raised by a Member or staff of the respective House or Senate committee.CommentsClose CommentsPermalink
(2) A list of the number of alleged violations that were dismissed--CommentsClose CommentsPermalink
(A) for lack of subject matter jurisdiction; orCommentsClose CommentsPermalink
(B) because the committees failed to provide sufficient facts as to any material violation of the House or Senate rules beyond mere allegation or assertion.CommentsClose CommentsPermalink
(3) The number of complaints in which the committee staff conducted a preliminary inquiry.CommentsClose CommentsPermalink
(4) The number of complaints that staff presented to the committee with recommendations that the complaint be dismissed.CommentsClose CommentsPermalink
(5) The number of complaints that the staff presented to the committee with recommendation that the investigation proceed.CommentsClose CommentsPermalink
(6) The number of ongoing inquiries.CommentsClose CommentsPermalink
(7) The number of complaints that the committee dismissed for lack of substantial merit.CommentsClose CommentsPermalink
(8) The number of private letters of admonition or public letters of admonition issued.CommentsClose CommentsPermalink
(9) The number of matters resulting in a disciplinary sanction.CommentsClose CommentsPermalink
Subtitle C--Slowing the Revolving Door
SEC. 241. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES.
(a) Very Senior Executive Personnel- The matter after subparagraph (C) in
(b) Restrictions on Lobbying by Members of Congress and Employees of Congress- Subsection (e) of
(1) in paragraph (1)(A), by striking `within 1 year' and inserting `within 2 years';CommentsClose CommentsPermalink
(2) by striking paragraphs (2) through (5) and inserting the following:CommentsClose CommentsPermalink
`(2) CONGRESSIONAL STAFF-CommentsClose CommentsPermalink
`(A) PROHIBITION- Any person who is an employee of a House of Congress and who, within 2 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.CommentsClose CommentsPermalink
`(B) CONTACT PERSONS COVERED- persons referred to in subparagraph (A) with respect to appearances or communications are any Member, officer, or employee of the House of Congress in which the person subject to subparagraph (A) was employed. This subparagraph shall not apply to contacts with staff of the Secretary of the Senate or the Clerk of the House of Representatives regarding compliance with lobbying disclosure requirements under the Lobbying Disclosure Act of 1995.CommentsClose CommentsPermalink
`(3) MEMBERS OF CONGRESS AND ELECTED OFFICERS- Any person who is a Member of Congress or an elected officer of either House of Congress and who, within 2 years after that person leaves office, knowingly engages in lobbying activities on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress shall be punished as provided in section 216 of this title.';CommentsClose CommentsPermalink
(3) in paragraph (6)--CommentsClose CommentsPermalink
(A) by striking `paragraphs (2), (3), and (4)' and inserting `paragraph (2)';CommentsClose CommentsPermalink
(B) by striking `(A)';CommentsClose CommentsPermalink
(C) by striking subparagraph (B); andCommentsClose CommentsPermalink
(D) by redesignating the paragraph as paragraph (4); andCommentsClose CommentsPermalink
(4) by redesignating paragraph (7) as paragraph (5).CommentsClose CommentsPermalink
(c) Very Senior Executive Personnel-CommentsClose CommentsPermalink
(1) IN GENERAL- The matter after subparagraph (C) in
`and who, within 2 years after the termination of that persons service in that position, engages in lobbying activities directed at any person described in paragraph (2), on behalf of any other person (except the United States), shall be punished as provided in section 216 of this title.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- The first sentence of
(d) Senior Executive Personnel-
(e) Definition of Lobbying Activity-
(1) in paragraph (2), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(4) the term `lobbying activities' has the same meaning given such term in section 3(7) of the Lobbying Disclosure Act (
(f) Effective Date- The amendments made by subsection (b) shall take effect 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle D--Ban on Provision of Gifts or Travel by Lobbyists in Violation of the Rules of Congress
SEC. 251. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL EMPLOYEES.
The Lobbying Disclosure Act of 1995 is amended by adding at the end the following:CommentsClose CommentsPermalink
`SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL EMPLOYEES.
`(a) Prohibition- Any person described in subsection (b) may not knowingly make a gift or provide travel to a Member, Delegate, Resident Commissioner, officer, or employee of Congress, unless the gift or travel may be accepted under the rules of the House of Representatives or the Senate.CommentsClose CommentsPermalink
`(b) Person Defined- A person subject to the prohibition described in subsection (a) includes any--CommentsClose CommentsPermalink
`(1) lobbyist that registers under section 4(a)(1);CommentsClose CommentsPermalink
`(2) organization that employs 1 or more lobbyists and registers under section 4(a)(2);CommentsClose CommentsPermalink
`(3) employee listed as a lobbyist on a current registration or report filed under this Act; andCommentsClose CommentsPermalink
`(4) entity identified as a client on a current registration or report filed under this Act.CommentsClose CommentsPermalink
`(c) Penalty- Any person who violates this section shall be subject to penalties provided in section 7.'.CommentsClose CommentsPermalink
TITLE III--SENATE OFFICE OF PUBLIC INTEGRITY
SEC. 301. ESTABLISHMENT OF SENATE OFFICE OF PUBLIC INTEGRITY.
There is established, as an office within the Senate, the Senate Office of Public Integrity (referred to in this title as the `Office').CommentsClose CommentsPermalink
SEC. 302. DIRECTOR.
(a) Appointment of Director-CommentsClose CommentsPermalink
(1) IN GENERAL- The Office shall be headed by a Director who shall be appointed by the President Pro Tempore of the Senate upon the joint recommendation of the majority leader of the Senate and the minority leader of the Senate. The selection and appointment of the Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office.CommentsClose CommentsPermalink
(2) QUALIFICATIONS- The Director shall possess demonstrated integrity, independence, and public credibility and shall have training or experience in law enforcement, the judiciary, civil or criminal litigation, or as a member of a Federal, State, or local ethics enforcement agency.CommentsClose CommentsPermalink
(b) Vacancy- A vacancy in the directorship shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(c) Term of Office- The Director shall serve for a term of 5 years and may be reappointed.CommentsClose CommentsPermalink
(d) Removal-CommentsClose CommentsPermalink
(1) AUTHORITY- The Director may be removed by the President Pro Tempore of the Senate upon the joint recommendation of the Senate majority and minority leaders for--CommentsClose CommentsPermalink
(A) disability that substantially prevents the Director from carrying out the duties of the Director;CommentsClose CommentsPermalink
(B) inefficiency;CommentsClose CommentsPermalink
(C) neglect of duty; orCommentsClose CommentsPermalink
(D) malfeasance, including a felony or conduct involving moral turpitude.CommentsClose CommentsPermalink
(2) STATEMENT OF REASONS- In removing the Director, a statement of the reasons for removal shall be provided in writing to the Director.CommentsClose CommentsPermalink
(e) Compensation- The Director shall be compensated at the annual rate of basic pay prescribed for level V of the Executive Schedule under
SEC. 303. DUTIES AND POWERS OF THE OFFICE.
(a) Duties- The Office is authorized--CommentsClose CommentsPermalink
(1) to investigate any alleged violation by a Member, officer, or employee of the Senate, of any rule or other standard of conduct applicable to the conduct of such Member, officer, or employee under applicable Senate rules in the performance of his duties or the discharge of his responsibilities;CommentsClose CommentsPermalink
(2) to present a case of probable ethics violations to the Select Committee on Ethics of the Senate;CommentsClose CommentsPermalink
(3) to make recommendations to the Select Committee on Ethics of the Senate that it report to the appropriate Federal or State authorities any substantial evidence of a violation by a Member, officer, or employee of the Senate of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in an investigation by the Office; andCommentsClose CommentsPermalink
(4) subject to review by the Select Committee on Ethics to approve, or deny approval, of trips as provided for in paragraph 2(f) of rule XXXV of the Standing Rules of the Senate.CommentsClose CommentsPermalink
(b) Powers-CommentsClose CommentsPermalink
(1) OBTAINING INFORMATION- Upon request of the Office, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Director to enable the Office to carry out its duties.CommentsClose CommentsPermalink
(2) REFERRALS TO THE DEPARTMENT OF JUSTICE- Whenever the Director has reason to believe that a violation of law may have occurred, he shall refer that matter to the Select Committee on Ethics with a recommendation as to whether the matter should be referred to the Department of Justice or other appropriate authority for investigation or other action.CommentsClose CommentsPermalink
SEC. 304. INVESTIGATIONS AND INTERACTION WITH THE SENATE SELECT COMMITTEE ON ETHICS.
(a) Initiation of Enforcement Matters-CommentsClose CommentsPermalink
(1) IN GENERAL- An investigation may be initiated by the filing of a complaint with the Office by a Member of Congress or an outside complainant, or by the Office on its own initiative, based on any information in its possession. The Director shall not accept a complaint concerning a Member of Congress within 60 days of an election involving such Member.CommentsClose CommentsPermalink
(2) FILED COMPLAINT-CommentsClose CommentsPermalink
(A) TIMING- In the case of a complaint that is filed, the Director shall within 30 days make an initial determination as to whether the complaint should be dismissed or whether there are sufficient grounds to conduct an investigation. The subject of the complaint shall be provided by the Director with an opportunity during the 30-day period to challenge the complaint.CommentsClose CommentsPermalink
(B) DISMISSAL- The Director may dismiss a complaint if the Director determines--CommentsClose CommentsPermalink
(i) the complaint fails to state a violation;CommentsClose CommentsPermalink
(ii) there is a lack of credible evidence of a violation; orCommentsClose CommentsPermalink
(iii) the violation is inadvertent, technical, or otherwise of a de minimis nature.CommentsClose CommentsPermalink
(C) REFERRAL- In any case where the Director decides to dismiss a complaint, the Director may refer the case to the Select Committee on Ethics of the Senate under paragraph (3) to determine if the complaint is frivolous.CommentsClose CommentsPermalink
(3) FRIVOLOUS COMPLAINTS- If the Select Committee on Ethics of the Senate determines that a complaint is frivolous, the committee may notify the Director not to accept any future complaint filed by that same person and the complainant may be required to pay for the costs of the Office resulting from such complaint. The Director may refer the matter to the Department of Justice to collect such costs.CommentsClose CommentsPermalink
(4) PRELIMINARY DETERMINATION- For any investigation conducted by the Office at its own initiative, the Director shall make a preliminary determination of whether there are sufficient grounds to conduct an investigation. Before making that determination, the subject of the investigation shall be provided by the Director with an opportunity to submit information to the Director that there are not sufficient grounds to conduct an investigation.CommentsClose CommentsPermalink
(5) NOTICE TO COMMITTEE- Whenever the Director determines that there are sufficient grounds to conduct an investigation--CommentsClose CommentsPermalink
(A) the Director shall notify the Select Committee on Ethics of the Senate of this determination; andCommentsClose CommentsPermalink
(B) the committee may overrule the determination of the Director if, within 10 legislative days--CommentsClose CommentsPermalink
(i) the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Director;CommentsClose CommentsPermalink
(ii) the committee issues a public report on the matter; andCommentsClose CommentsPermalink
(iii) the vote of each member of the committee on such roll-call vote is included in the report.CommentsClose CommentsPermalink
(b) Conducting Investigations-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Director determines that there are sufficient grounds to conduct an investigation and his determination is not overruled under subsection (a)(5), the Director shall conduct an investigation to determine if probable cause exists that a violation occurred.CommentsClose CommentsPermalink
(2) AUTHORITY- As part of an investigation, the Director may--CommentsClose CommentsPermalink
(A) administer oaths;CommentsClose CommentsPermalink
(B) issue subpoenas;CommentsClose CommentsPermalink
(C) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony; andCommentsClose CommentsPermalink
(D) himself, or by delegation to Office staff, take the deposition of witnesses.CommentsClose CommentsPermalink
(3) REFUSAL TO OBEY- If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, he may be held in contempt of Congress.CommentsClose CommentsPermalink
(4) ENFORCEMENT- If the Director determines that the Director is limited in the Director's ability to obtain documents, testimony, and other information needed as part of an investigation because of potential constitutional, statutory, or rules restrictions, or due to lack of compliance, the Director may refer the matter to the Select Committee on Ethics of the Senate for consideration and appropriate action by the committee. The committee shall promptly act on a request under this paragraph.CommentsClose CommentsPermalink
(c) Presentation of Case to Senate Select Committee on Ethics-CommentsClose CommentsPermalink
(1) NOTICE TO COMMITTEES- If the Director determines, upon conclusion of an investigation, that probable cause exists that an ethics violation has occurred, the Director shall notify the Select Committee on Ethics of the Senate of this determination.CommentsClose CommentsPermalink
(2) COMMITTEE DECISION- The Select Committee on Ethics may overrule the determination of the Director if, within 30 legislative days--CommentsClose CommentsPermalink
(A) the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Director;CommentsClose CommentsPermalink
(B) the committee issues a public report on the matter; andCommentsClose CommentsPermalink
(C) the vote of each member of the committee on such roll-call vote is included in the report.CommentsClose CommentsPermalink
(3) DETERMINATION AND RULING-CommentsClose CommentsPermalink
(A) REFERRAL- If the Director determines there is probable cause that an ethics violation has occurred and the Director's determination is not overruled, the Director shall present the case and evidence to the Select Committee on Ethics of the Senate to hear and make a determination pursuant to its rules.CommentsClose CommentsPermalink
(B) FINAL DECISION- The Select Committee on Ethics shall vote upon whether the individual who is the subject of the investigation has violated any rules or other standards of conduct applicable to that individual in his official capacity. Such votes shall be a roll-call vote of the full committee, a quorum being present. The committee shall issue a public report which shall include the vote of each member of the committee on such roll-call vote.CommentsClose CommentsPermalink
(d) Sanctions- Whenever the Select Committee on Ethics of the Senate finds that an ethics violation has occurred, the Director shall recommend appropriate sanctions to the committee and whether a matter should be referred to the Department of Justice for investigation.CommentsClose CommentsPermalink
SEC. 305. PROCEDURAL RULES.
(a) Prohibition of Certain Investigations- No investigation shall be undertaken by the Office of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation.CommentsClose CommentsPermalink
(b) Disclosure- Information or testimony received, or the contents of a complaint or the fact of its filing, or recommendations made by the Director to the committee, may be publicly disclosed by the Director or by the staff of the Office only if authorized by the Select Committee on Ethics of the Senate.CommentsClose CommentsPermalink
SEC. 306. SOPI EMPLOYEES UNDER THE CONGRESSIONAL ACCOUNTABILITY ACT.
Section 101 of the Congressional Accountability Act of 1995 (
(1) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (H), by striking `or';CommentsClose CommentsPermalink
(B) in subparagraph (I), by striking the period and inserting `; or'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(J) the Office of Public Integrity.'; andCommentsClose CommentsPermalink
(2) in paragraph (9), by striking `and the Office of Technology Assessment' and inserting `the Office of Technology Assessment, and the Senate Office of Public Integrity'.CommentsClose CommentsPermalink
SEC. 307. EFFECTIVE DATE.
(a) In General- Except as provided by subsection (b), this title shall take effect on January 1, 2008.CommentsClose CommentsPermalink
(b) Exception- Section 306 shall take effect upon the date of enactment of this Act.CommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
OC Blog Articles Related To This Bill
- CISPA is Back; All Your Data Are Belong to Us Feb 14, 2013
- This Weekend, Be Your Own Get-Out-The-Vote Machine Nov 02, 2012
- The Cybersecurity Act allows too much snooping and user data sharing. We stand opposed. Jul 31, 2012
- House advancing Fed transparency bill that was stripped out of Dodd-Frank Jun 26, 2012
- Videos from Personal Democracy Forum Conference 2012 Jun 13, 2012