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111th Congress

Senate

S. 49

Public Corruption Prosecution Improvements Act
Official Title: A bill to help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law.

Introduced: January 6, 2009

• Mar 12, 2009: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
• Added to calendar on Mar 12, 2009: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
• Mar 05, 2009: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Jan 06, 2009: Read twice and referred to the Committee on the Judiciary.
• Jan 06, 2009: Read twice and referred to the Committee on Finance.

Latest Action: Added to calendar on Mar 12, 2009: Placed on Senate Legislative Calendar under General Orders. Calendar No. 32.

Sponsored by: Sen. Patrick Leahy [D, VT]
Cosponsored by:
Sen. John Cornyn [R, TX]
Sen. Edward Kaufman [D, DE]

3/12/2009--Reported to Senate amended.    (There is 1 other summary)

Public Corruption Prosecution Improvements Act - Amends the federal criminal code to revise and expand prohibitions against bribery, theft of public money, and other public corruption offenses.

(Sec. 2) Establishes a six-year limitation period for the prosecution of public corruption crimes involving bribery, extortion, theft of government property, mail fraud, and racketeering.

(Sec. 3) Expands mail and wire fraud statutes to cover offenses involving any other thing of value (e.g., intangible rights and licenses).

(Sec. 4) Modifies general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed.

(Sec. 5) Reduces from $5,000 to $1,000 the threshold amount for theft or bribery involving federally-assisted programs and increases the maximum prison term for such offenses from 10 to 15 years.

(Sec. 6) Increases the maximum term of imprisonment for theft and embezzlement of federal money, property, or records from 10 to 15 years.

(Sec. 7) Increases the maximum term of imprisonment for bribery offenses from 15 to 20 years.

(Sec. 8) Increases to 10 years the maximum term of imprisonment for:

1. solicitation by federal officers and employees of political contributions from other federal officers and employees;
2. promise of employment made possible by an act of Congress for political activity;
3. deprivation of such employment for political activity;
4. intimidation to secure political contributions;
5. solicitation and acceptance of contributions in federal offices; and
6. coercion of political activity by federal employees.

(Sec. 9) Applies the prohibition against embezzlement or theft of federal money or property to government officials and employees of the District of Columbia.

(Sec. 10) Includes embezzlement or theft of government money or property as predicates for racketeering prosecutions and wiretaps.

(Sec. 12) Modifies elements relating to the crime of bribery of public officials and witnesses to:

1. prohibit public officials from accepting anything of value, other than what is permitted by rule or regulation, for or because of the official's or person's official position;
2. expand the definition of "official act" to include any conduct that falls within the range of official duty of a public official; # include a course of conduct involving multiple gifts, offers or promises designed to influence a public official.

(Sec. 15) Expands the types of perjury and obstruction of justice offenses for which venue lies in the district in which the official proceeding was intended to be affected or in which the conduct constituting the alleged offense occurred.

(Sec. 16) Authorizes appropriations for FY2010-FY2013 for additional Department of Justice (DOJ) personnel to investigate and prosecute public corruption offenses.

(Sec. 17) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption offenses to reflect the intent of Congress that penalties for such offenses be increased.

S. 103

A bill to require disclosure and payment of noncommercial air travel in the Senate

Introduced January 6, 2009 Latest Action: Read twice and referred to the Committee on Rules and Administration.

Sponsored by: Sen. David Vitter [R, LA]

Amends Rule XXXV (Gifts) of the Standing Rules of the Senate to require a Member, officer, or employee of the Senate to:

1. disclose a flight taken in connection with official duties on an aircraft that is not licensed by the Federal Aviation Administration (FAA) to operate for compensation or hire (unless it is owned, operated, or leased by a governmental entity);
2. reimburse the aircraft's owner or lessee for the pro rata share of the flight's fair market value; and
3. report to the Secretary of the Senate specified information about the trip, including its purpose and the persons on it (other than the pilot).

Declares that the fair market value of noncommercial air travel is the fair market value of the normal and usual charter fare or rental charge for a comparable plane of appropriate size.

Amends Rule XXXVIII (Prohibition of Unofficial Office Accounts) to prescribe the value for reimbursement purposes of the use of an aircraft that is not licensed by the FAA to operate for compensation or hire.

Amends the Federal Election Campaign Act of 1971 (FECA) to require a principal campaign committee disclosure report of such a flight by a federal office candidate (other than one for President or Vice President).

Excludes from the FECA definition of "contribution" any travel expense for such a flight if within seven days the candidate (or the candidate's authorize committee) pays the owner, lessee, or other individual providing the airplane the pro rata share of the flight's fair market value.

S. 104

A bill to prohibit authorized committees and leadership PACs from employing the spouse or immediate family members of any candidate or Federal office holder connected to the committee.

Introduced January 6, 2009 Latest Action: Read twice and referred to the Committee on Rules and Administration.

Sponsored by: Sen. David Vitter [R, LA]

Amends the Federal Election Campaign Act of 1971 to prohibit any authorized committee of a candidate or any other political committee established, maintained, or controlled by a candidate or person who holds a federal office from employing the spouse or any immediate family member of such candidate or federal office holder. Amends the federal criminal code to subject to specified criminal and civil penalties any spouse of a Member of Congress who:

1. was not a registered lobbyist at least one year before the Member's election to Congress; but
2. knowingly lobbies any Member of Congress on behalf of a client for compensation; or
3. is associated with any such lobbying activity by his or her employer.

S. 105

A bill to amend the Ethics in Government Act of 1978 to establish criminal penalties for knowingly and willfully falsifying or failing to file or report certain information required to be reported under that Act.

Introduced: January 6, 2009 Latest Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsored by: Sen. David Vitter [R, LA]

Amends the Ethics in Government Act of 1978 to impose a fine and/or prison term of up to one year for knowingly and willfully falsifying, or failing to file or report, financial information required to be filed or reported under such Act.

S. 133

Troubled Asset Relief Program Transparency Reporting Act

Official title: A bill to prohibit any recipient of emergency Federal economic assistance from using such funds for lobbying expenditures or political contributions, to improve transparency, enhance accountability, encourage responsible corporate governance, and for other purposes.

Introduced: January 6, 2009
Latest action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Sponsored by: Sen. Dianne Feinstein [D, CA] Cosponsored by:
Sen. Barbara Boxer [D, CA]
Sen. Benjamin Cardin [D, MD]
Sen. Russell Feingold [D, WI]
Sen. John Kerry [D, MA]
Sen. Joseph Lieberman [I, CT]
Sen. Patty Murray [D, WA]
Sen. Bill Nelson [D, FL]
Sen. Bernard Sanders [I, VT]
Sen. Olympia Snowe [R, ME]
Sen. Arlen Specter [D, PA]
Sen. John Thune [R, SD]

Troubled Asset Relief Program Transparency Reporting Act - Prohibits the use by a recipient or its subsidiary of Troubled Asset Relief Program (TARP) funds under the Emergency Economic Stabilization Act of 2008 for lobbying expenditures or political contributions.

Requires the Secretary of the Treasury, through enhanced internal reporting and oversight requirements, to develop and publish corporate governance principles and ethical guidelines for such recipients, including specified restrictions.

Sets forth recipient reporting and certifying requirements governing such TARP funds.

Requires the Secretary to make such reports and certifications publicly available online and free of charge.

Subjects persons to civil fines for violating such prohibition on the use of TARP funds or failing to file the required report or certification.

Bars recipients from future TARP funds for noncompliance with such guidelines unless the Secretary determines that reasonable steps have been taken to bring their actions into compliance with and to prevent future violations of this Act.

S. 162

Fiscal Discipline, Earmark Reform, and Accountability Act as introduced.

Official title: A bill to provide greater accountability of taxpayers' dollars by curtailing congressional earmarking, and for other purposes. as introduced.

Introduced: January 6, 2009 Latest action: Read twice and referred to the Senate Committee on Rules and Administration

Sponsored by Sen. Russell Feingold
Cosponsored by;
Sen Burr, Richard [NC] - 1/15/2009
Sen Coburn, Tom [OK] - 1/6/2009
Sen Graham, Lindsey [SC] - 1/6/2009
Sen Lieberman, Joseph [CT] - 2/3/2009
Sen McCain, John [AZ] - 1/6/2009
Sen McCaskill, Claire [MO]

Fiscal Discipline, Earmark Reform, and Accountability Act - Amends Rule XVI (Appropriations and Amendments to General Appropriations Bills) of the Standing Rules of the Senate to revise procedures for consideration of points of order on appropriations bills. Makes it out of order to consider in the Senate:

1. new or general legislation or any unauthorized appropriation included in an appropriation bill;
2. any amendment to an appropriation bill with the effect of adding an unauthorized appropriation to it; or
3. any unauthorized appropriation included in any amendment between the chambers, or any amendment to such an amendment, in relation to a general appropriation bill. Amends Rule XLIV (Congressionally Directed Spending and Related Items), which makes it out of order to vote on the adoption of a conference report in the Senate unless it is available on a publicly accessible congressional website at least 48 hours before such vote. Specifies that such website availability must be in a searchable format. Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to disclose any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding, including the amount of such funds.
   
   

S. 344

Hedge Fund Transparency Act
Official Title: A bill to require hedge funds to register with the Securities and Exchange Commission, and for other purposes.

Introduced January 29, 2009 Latest Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Sponsored by: Sen. Charles Grassley [R, IA]
Cosponsored by: Sen. Carl Levin [D, MI]

Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one. Exempts an investment company with assets, or assets under management, of at least $50 million from ordinary registration and filing requirements only if that company:

1. registers with the Securities and Exchange Commission (SEC);
2. files with the SEC a specified annual electronic information form, made available to the public, concerning ownership structure, investors, primary accountant and broker, and current assets value;
3. maintains such books and records as the SEC may require; and
4. cooperates with any request for information or examination by the SEC. Requires any investment company meeting such exemption requirements to establish an anti-money laundering program, according to rules prescribed by the Secretary of the Treasury, and report suspicious transactions. Requires such rules to require exempted investment companies to use risk-based due diligence policies, procedures, and controls reasonably designed to ascertain the identity of, and evaluate, any foreign person that supplies funds, or plans to supply funds, to be invested with the investment company's advice or assistance. Requires such rules also to require exempted investment companies to comply with the same requirements as other financial institutions for producing records requested by a federal regulator, particularly within 120 hours of receiving such a request.
   

S. 431

Economic Recovery Adjustment Act of 2009 

Official Title: A bill to establish the Temporary Economic Recovery Adjustment Panel to curb excessive executive compensation at firms receiving emergency economic assistance.

Introduced: February 12, 2009 Latest Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Sponsored by: Sen. Sheldon Whitehouse [D, RI]
Cosponsored by: Sen. Richard Durbin [D, IL]

Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP). Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to:

1. assure that fair and reasonable executive compensation is paid by entities receiving TARP funds; and
2. defend such agreements in the event of any challenge to the adjustments to compensation obligations.

States that negotiated reductions in compensation under this Act:

1. may include vested deferred compensation; and
2. shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection.

Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance. Establishes the Temporary Economic Recovery Oversight Panel to:

1. either approve or deny a proposed settlement; or
2. upon petition of the Advocate (or of any individual subject to the Advocate's actions), issue an order establishing an executive compensation program if no settlement is reached.

S. 482

Senate Campaign Disclosure Parity Act
Official Title: A bill to require Senate candidates to file designations, statements, and reports in electronic form.

Introduced: February 25, 2009

• Feb 25, 2009: Sponsor introductory remarks on measure. (CR S2484-2485)
• Feb 25, 2009: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Latest Action: Added to calendar on Feb 26, 2009: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 25.

Sponsored by: Sen. Russell Feingold [D, WI]
Cosponsored by: Sen. Daniel Akaka [D, HI]
Sen. Lamar Alexander [R, TN]
Sen. Mark Begich [D, AK]
Sen. Robert Bennett [R, UT]
Sen. Jeff Bingaman [D, NM]
Sen. Barbara Boxer [D, CA]
Sen. Sherrod Brown [D, OH]
Sen. Robert Byrd [D, WV]
Sen. Benjamin Cardin [D, MD]
Sen. Saxby Chambliss [R, GA]
Sen. Thad Cochran [R, MS]
Sen. John Cornyn [R, TX]
Sen. Christopher Dodd [D, CT]
Sen. Richard Durbin [D, IL]
Sen. Dianne Feinstein [D, CA]
Sen. Lindsey Graham [R, SC]
Sen. Charles Grassley [R, IA]
Sen. Kay Hagan [D, NC]
Sen. Thomas Harkin [D, IA]
Sen. John Isakson [R, GA]
Sen. John Kerry [D, MA]
Sen. Patrick Leahy [D, VT]
Sen. Carl Levin [D, MI]
Sen. Joseph Lieberman [I, CT]
Sen. Richard Lugar [R, IN]
Sen. John McCain [R, AZ]
Sen. Ben Nelson [D, NE]
Sen. John Reed [D, RI]
Sen. Harry Reid [D, NV]
Sen. John Rockefeller [D, WV]
Sen. Charles Schumer [D, NY]
Sen. Jon Tester [D, MT]
Sen. Ron Wyden [D, OR]

Senate Campaign Disclosure Parity Act - Amends the Federal Election Campaign Act of 1971 to require Senate candidates to file election-related designations, statements, and reports in electronic form.

Requires the Secretary of the Senate to forward a copy of any electronically filed designation, statement, or report to the Federal Election Commission within one working day (instead of the current two working days) after receiving it.

House of Representatives

H.R. 35

H.R. 36

H.R. 311

H.R. 420

H.R. 682

H.R. 807

H.R. 854

H.R. 963

H.R. 1095

H.R. 1107

H.R. 2392

House Resolutions

H. Res. 85

Amending the Code of Official Conduct in the Rules of the House of Representatives to strengthen the reporting requirements for Members who request earmarks.

Introduced: January 26, 2009
Latest Action: Referred to the House Committee on Standards of Official Conduct.

Sponsored by: Rep. Jeff Flake [R, AZ-6]

Cosponsored by: Rep. Virginia Foxx [R, NC-5]
Rep. Mark Kirk [R, IL-10]

Amends Rule XXIII (Code of Official Conduct) of the Rules of the House of Representatives with respect to whether a Member, Delegate, or Resident Commissiorer (Member) has a financial interest in any requested congressional earmark, limited tax benefit, or limited tariff benefit in any bill or joint resolution (or accompanying report), or in any related conference report (or accompanying joint statement of managers). Treats as such a financial interest any campaign contribution to such individual in excess of a de minimis amount made by or on behalf of:

1. any political, for profit, or nonprofit entity;
2. any employee or person affiliated with any such entity; or
3. any political action committee (PAC) established by, administered by, or affiliated with any such entity, by or on behalf of its registered lobbyist, or by or on behalf of such PAC during the current or previous session of Congress.

H. Res. 100

Amending the Rules of the House of Representatives to provide for earmark reform.

Introduced January 28, 2009
Latest Action: Jan 28, 2009: Referred to House Standards of Official Conduct

• Jan 28, 2009: Referred to House Rules
• Jan 28, 2009: Referred to the Committee on Rules, and in addition to the Committee on Standards of Official Conduct, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Sponsored by: Rep. Adam Putnam [R, FL-12]

Amends Rule XXI (Restrictions on Certain Bills) of the Rules of the House of Representatives to make it out of order in the House to consider any bill or joint resolution (or accompanying report), amendment, or conference report that contains a congressional earmark for a nonpublic entity (other than an institution of higher education). Makes it out of order to consider legislation that contains a congressional earmark for any entity named after an incumbent Member of Congress. Amends Rule XXIII (Code of Official Conduct) to require any Member, Delegate, or Resident Commissioner requesting a congressional earmark in any legislation (or accompanying report) to:

1. submit certain information to the Clerk of the House for posting within 24 hours on the Clerk's website, including the amount requested, the project name, and a project description of the subject of the earmark;
2. include, in the case of an earmark for a non-federal entity, an accompanying letter of support from that entity certifying that it will provide matching funds equal to at least 10% of the earmark; and
3. provide a written statement to the chairman and ranking minority member of the committee of jurisdiction certifying that no family member of the Member, Delegate, or Resident Commissioner has any financial interest in the earmark. Amends Rule II (Other Officers and Officials) to require the Clerk to post on the Clerk's website, under the heading "Member Spending Requests," an up-to-date list of all such information.

H. Res. 440

Amending the Rules of the House of Representatives to strengthen the public disclosure of all earmark requests.

Introduced: May 14, 2009
Latest Action: May 14, 2009: Referred to House Standards of Official Conduct

• May 14, 2009: Referred to House Rules
• May 14, 2009: Referred to the Committee on Rules, and in addition to the Committee on Standards of Official Conduct, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Sponsored by: Rep. Bill Cassidy [R, LA-6]

Cosponsored by: Rep. Mike Quigley [D, IL-5]
Rep. Jackie Speier [D, CA-12]