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110th Congress                                            Rept. 110-161
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
               HONEST LEADERSHIP AND OPEN GOVERNMENT ACT 
                                OF 2007

                                _______
                                

                  May 21, 2007.--Ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2316]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2316) to provide more rigorous requirements with respect 
to disclosure and enforcement of lobbying laws and regulations, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     9
Background and Need for the Legislation..........................     9
Hearings.........................................................    10
Committee Consideration..........................................    11
Committee Votes..................................................    11
Committee Oversight Findings.....................................    12
New Budget Authority and Tax Expenditures........................    13
Congressional Budget Office Cost Estimate........................    13
Performance Goals and Objectives.................................    16
Constitutional Authority Statement...............................    16
Advisory on Earmarks.............................................    16
Section-by-Section Analysis......................................    16
Changes in Existing Law Made by the Bill, as Reported............    19
Additional Views.................................................    29

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Honest Leadership 
and Open Government Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.

                  TITLE I--CLOSING THE REVOLVING DOOR

Sec. 101. Disclosure by Members and staff of employment negotiations.
Sec. 102. Wrongfully influencing a private entity's employment 
decisions or practices.
Sec. 103. Additional restrictions on contractors.
Sec. 104. Effective date.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Electronic filing of lobbying disclosure reports.
Sec. 203. Additional lobbying disclosure requirements.
Sec. 204. Quarterly reports on other contributions.
Sec. 205. Prohibition on provision of gifts or travel by registered 
lobbyists to Members of Congress and to congressional employees.
Sec. 206. Disclosure of lobbying activities by certain coalitions and 
association.
Sec. 207. Disclosure by registered lobbyists of past executive branch 
and congressional employment.
Sec. 208. Public database of lobbying disclosure information; 
maintenance of information.
Sec. 209. Inapplicability to certain political committees.
Sec. 210. Effective date.

            TITLE III--ENFORCEMENT OF LOBBYING RESTRICTIONS

Sec. 301. Increased civil and criminal penalties for failure to comply 
with lobbying disclosure requirements.

                     TITLE IV--INCREASED DISCLOSURE

Sec. 401. Prohibition on official contact with spouse of Member who is 
a registered lobbyist.
Sec. 402. Posting of travel and financial disclosure reports on public 
website of Clerk of the House of Representatives.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Rule of construction.

                  TITLE I--CLOSING THE REVOLVING DOOR

SEC. 101. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS.

    The Rules of the House of Representatives are amended by 
redesignating rules XXVII and XXVIII as rules XXVIII and XXIX, 
respectively, and by inserting after rule XXVI the following new rule:

                              ``RULE XXVII

      ``Disclosure by Members and Staff of Employment Negotiations

    ``1. A Member, Delegate, or Resident Commissioner shall not 
directly negotiate or have any agreement of future employment or 
compensation until after his or her successor has been elected, unless 
such Member, Delegate, or Resident Commissioner, within 3 business days 
after the commencement of such negotiation or agreement of future 
employment or compensation, files with the Committee on Standards of 
Official Conduct a statement, which must be signed by the Member, 
Delegate, or Resident Commissioner, regarding such negotiations or 
agreement, including the name of the private entity or entities 
involved in such negotiations or agreement, and the date such 
negotiations or agreement commenced.
    ``2. An officer or an employee of the House earning in excess of 75 
percent of the salary paid to a Member shall notify the Committee on 
Standards of Official Conduct that he or she is negotiating or has any 
agreement of future employment or compensation.
    ``3. The disclosure and notification under this rule shall be made 
within 3 business days after the commencement of such negotiation or 
agreement of future employment or compensation.
    ``4. A Member, Delegate, or Resident Commissioner, and an officer 
or employee to whom this clause applies, shall recuse himself or 
herself from any matter in which there is a conflict of interest or an 
appearance of a conflict for that Member, Delegate, Resident 
Commissioner, officer, or employee under this rule and shall notify the 
Committee on Standards of Official Conduct of such recusal. A Member, 
Delegate, or Resident Commissioner making such recusal shall, upon such 
recusal, submit to the Clerk for public disclosure the statement of 
disclosure under clause 1 with respect to which the recusal was 
made.''.

SEC. 102. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S EMPLOYMENT 
                    DECISIONS OR PRACTICES.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 227. Wrongfully influencing a private entity's employment 
                    decisions by a Member of Congress

    ``Whoever, being a Senator or Representative in, or a Delegate or 
Resident Commissioner to, the Congress or an employee of either House 
of Congress, with the intent to influence on the basis of partisan 
political affiliation an employment decision or employment practice of 
any private entity--
            ``(1) takes or withholds, or offers or threatens to take or 
        withhold, an official act, or
            ``(2) influences, or offers or threatens to influence, the 
        official act of another,
shall be fined under this title or imprisoned for not more than 15 
years, or both, and may be disqualified from holding any office of 
honor, trust, or profit under the United States.''.
    (b) No Inference.--Nothing in section 227 of title 18, United 
States Code, as added by this section, shall be construed to create any 
inference with respect to whether the activity described in section 227 
of title 18, United States Code, was a criminal or civil offense before 
the enactment of this Act, including under section 201(b), 201(c), or 
any of sections 203 through 209, of title 18, United States Code.
    (c) Conforming Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following:

``227. Wrongfully influencing a private entity's employment decisions 
by a Member of Congress.''.

SEC. 103. ADDITIONAL RESTRICTIONS ON CONTRACTORS.

    (a) Prohibition.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following new section:

``Sec. 220. Restrictions on contractors with Congress

    ``(a) Restrictions.--
            ``(1) In general.--If a person who is an attorney or a law 
        firm, including a professional legal corporation or 
        partnership, or an attorney employed by such a law firm, enters 
        into a contract to provide services to--
                    ``(A) a committee of Congress, or a subcommittee of 
                any such committee,
                    ``(B) a Member of the leadership of the House of 
                Representatives or a Member of the leadership of the 
                Senate,
                    ``(C) a covered legislative branch official, or
                    ``(D) a working group or caucus organized to 
                provide legislative services or other assistance to 
                Members of Congress,
        the attorney or law firm entering into the contract, and the 
        law firm by which the attorney entering into the contract is 
        employed, may not, during the period prescribed in paragraph 
        (2), knowingly make, with the intent to influence, any 
        communication or appearance before any person described in 
        paragraph (3), on behalf of any other person (except the United 
        States), in connection with any matter on which such attorney 
        or law firm seeks official action by a Member, officer, or 
        employee of either House of Congress, in his or her official 
        capacity.
            ``(2) Period described.--The period referred to in 
        paragraph (1) is the period during which the contract described 
        in paragraph (1) is in effect, and a period of 1 year after the 
        attorney or law firm, as the case may be, is no longer subject 
        to the contract.
            ``(3) Persons described.--The persons referred to in 
        paragraph (1) with respect to appearances or communications by 
        an attorney or law firm are any Member, officer, or employee of 
        either House of Congress.
    ``(b) Penalty.--Any person who violates paragraph (1) shall be 
punished as provided in section 216.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `committee of Congress' includes any 
        standing committee, joint committee, and select committee;
            ``(2) the term `covered legislative branch official' has 
        the meaning given that term in section 3 of the Lobbying 
        Disclosure Act of 1995;
            ``(3)(A) a person is an employee of a House of Congress if 
        that person is an employee of the House of Representatives or 
        an employee of the Senate;
            ``(B) the terms `employee of the House of Representatives' 
        and `employee of the Senate' have the meanings given those 
        terms in section 207(e)(7);
            ``(4) an attorney is `employed' by a law firm if the 
        attorney is an employee of, or a partner or other member of, 
        the law firm;
            ``(5) the terms `Member of the leadership of the House of 
        Representatives' and `Member of the leadership of the Senate' 
        have the meanings given those terms in section 207(e)(7); and
            ``(6) the term `Member of Congress' means a Senator or 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress.''.
    (b) Conforming Amendments.--
            (1) The table of sections for chapter 11 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 219 the following new item:

``220. Restrictions on contractors with Congress.''.
            (2) Section 216 of title 18, United States Code, is amended 
        by striking ``or 209'' each place it appears and inserting ``, 
        209, or 220''.

SEC. 104. EFFECTIVE DATE.

    (a) Section 101.--The amendment made by section 101 shall take 
effect on the date of the enactment of this Act, and shall apply to 
negotiations commenced, and agreements entered into, on or after that 
date.
    (b) Section 102.--The amendments made by section 102 shall take 
effect on the date of the enactment of this Act.
    (c) Section 103.--The amendments made by section 103 shall take 
effect on May 23, 2007, and shall apply with respect to any contract 
entered into before, on, or after that date.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

    (a) Quarterly Filing Required.--Section 5 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Semiannual'' and inserting 
                ``Quarterly'';
                    (B) by striking ``the semiannual period'' and all 
                that follows through ``July of each year'' and insert 
                ``the quarterly period beginning on the first day of 
                January, April, July, and October of each year''; and
                    (C) by striking ``such semiannual period'' and 
                inserting ``such quarterly period''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``semiannual report'' and inserting 
                ``quarterly report'';
                    (B) in paragraph (2), by striking ``semiannual 
                filing period'' and inserting ``quarterly period'';
                    (C) in paragraph (3), by striking ``semiannual 
                period'' and inserting ``quarterly period''; and
                    (D) in paragraph (4), by striking ``semiannual 
                filing period'' and inserting ``quarterly period''.
    (b) Conforming Amendments.--
            (1) Definition.--Section 3(10) of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1602) is amended by striking ``six month 
        period'' and inserting ``3-month period''.
            (2) Registration.--Section 4 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1603) is amended--
                    (A) in subsection (a)(3)(A), by striking 
                ``semiannual period'' and inserting ``quarterly 
                period''; and
                    (B) in subsection (b)(3)(A), by striking 
                ``semiannual period'' and inserting ``quarterly 
                period''.
            (3) Enforcement.--Section 6 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking 
        ``semiannual period'' and inserting ``quarterly period''.
            (4) Estimates.--Section 15 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1610) is amended--
                    (A) in subsection (a)(1), by striking ``semiannual 
                period'' and inserting ``quarterly period''; and
                    (B) in subsection (b)(1), by striking ``semiannual 
                period'' and inserting ``quarterly period''.
            (5) Dollar amounts.--Section 4 of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1603) is further amended--
                    (A) in subsection (a)(3)(A)(i), by striking 
                ``$5,000'' and inserting ``$2,500'';
                    (B) in subsection (a)(3)(A)(ii), by striking 
                ``$20,000'' and inserting ``$10,000'';
                    (C) in subsection (b)(3)(A), by striking 
                ``$10,000'' and inserting ``$5,000''; and
                    (D) in subsection (b)(4), by striking ``$10,000'' 
                and inserting ``$5,000''.

SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

    (a) In General.--Section 5 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1604) is amended by adding at the end the following:
    ``(d) Electronic Filing Required.--A report 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 Secretary of the Senate or 
the Clerk of the House of Representatives.''.
    (b) Effective Date.--The requirement in section 5(d) of the 
Lobbying Disclosure Act of 1995, as added by subsection (a) of this 
section, that reports be filed electronically shall take effect on the 
day after the end of the first calendar quarter that begins after the 
date of the enactment of this Act.

SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.

    Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1604(b)) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) a certification that the lobbying firm, or 
        registrant, and each employee listed as a lobbyist under 
        section 4(b)(6) or paragraph (2)(C) of this subsection for that 
        lobbying firm or registrant, has not provided, requested, or 
        directed a gift, including travel, to a Member of Congress or 
        an officer or employee of either House of Congress in violation 
        rule XXXV of the Standing Rules of the Senate or rule XXV of 
        the Rules of the House of Representatives.''.

SEC. 204. QUARTERLY REPORTS ON OTHER CONTRIBUTIONS.

    Section 5 of the Act (2 U.S.C. 1604) is further amended by adding 
at the end the following:
    ``(e) Quarterly Reports on Other Contributions.--
            ``(1) In general.--Not later than 45 days after the end of 
        the quarterly period beginning on the first day of January, 
        April, July, and October of each year, or on the first business 
        day after the first day of such month if that day is not a 
        business day, each person who is registered or is required to 
        register under paragraph (1) or (2) of section 4(a), and each 
        employee who is or is required to be listed as a lobbyist under 
        section 4(b)(6) or subsection (b) of this section, shall file a 
        report with the Secretary of the Senate and the Clerk of the 
        House of Representatives containing--
                    ``(A) the name of the person;
                    ``(B) in the case of an employee, his or her the 
                employer;
                    ``(C) the names of all political committees 
                established or administered by the person;
                    ``(D) 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 person or a political 
                committee established or administered by the person 
                within the calendar year, and the date and amount of 
                each contribution made within the quarterly period;
                    ``(E) the date, recipient, and amount of funds 
                contributed, disbursed, or arranged (or a good faith 
                estimate thereof) by the person or a political 
                committee established or administered by the person 
                during the quarterly period--
                            ``(i) to pay the cost of an event to honor 
                        or recognize a covered legislative branch 
                        official or covered executive branch official;
                            ``(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;
                            ``(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; or
                            ``(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;
                    ``(F) any information reported to the Federal 
                Election Commission under the second sentence of 
                section 315(a)(8) of the Federal Election Campaign Act 
                of 1971 (relating to reports by intermediaries and 
                conduits of the original source and the intended 
                recipient of contributions under such Act) during the 
                quarterly period by the person or a political committee 
                established or administered by the person; and
                    ``(G) the amount and recipient of any funds 
                provided to an organization described in section 527 of 
                the Internal Revenue Code of 1986 that is not treated 
                as a political committee under section 301(4) under the 
                Federal Election Campaign Act of 1971.
            ``(2) Definition.--In this subsection, the term `leadership 
        PAC' means, with respect to an individual holding Federal 
        office, an unauthorized political committee that 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.''.

SEC. 205. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED 
                    LOBBYISTS TO MEMBERS OF CONGRESS AND TO 
                    CONGRESSIONAL EMPLOYEES.

    (a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 
1601 et seq.) is amended by adding at the end the following:

``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 
make a gift or provide travel to a Member, officer, or employee of 
Congress, if the person has knowledge that the gift or travel may not 
be accepted under the rules of the House of Representatives or the 
Senate.
    ``(b) Persons Subject to Prohibition.--The persons subject to the 
prohibition under subsection (a) are any lobbyist that is registered or 
is required to register under section 4(a)(1), any organization that 
employs 1 or more lobbyists and is registered or is required to 
register under section 4(a)(2), and any employee listed or required to 
be listed as a lobbyist by a registrant under section 4(b)(6).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 206. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND 
                    ASSOCIATION.

    Paragraph (2) of section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602) is amended to read as follows:
            ``(2) Client.--
                    ``(A) In general.--The term `client' means any 
                person or entity that employs or retains another person 
                for financial or other compensation to conduct lobbying 
                activities on behalf of that person or entity. A person 
                or entity whose employees act as lobbyists on its own 
                behalf is both a client and an employer of such 
                employees.
                    ``(B) Treatment of coalitions and associations.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii), (iii), and (iv), in the case of a 
                        coalition or association that employs or 
                        retains other persons to conduct lobbying 
                        activities, each of the individual members of 
                        the coalition or association (and not the 
                        coalition or association) is the client. For 
                        purposes of section 4(a)(3), the preceding 
                        sentence shall not apply, and the coalition or 
                        association shall be treated as the client.
                            ``(ii) Exception for certain tax-exempt 
                        associations.--In the case of an association--
                                    ``(I) which is described in 
                                paragraph (3) of section 501(c) of the 
                                Internal Revenue Code of 1986 and 
                                exempt from tax under section 501(a) of 
                                such Code, or
                                    ``(II) which is described in any 
                                other paragraph of section 501(c) of 
                                the Internal Revenue Code of 1986 and 
                                exempt from tax under section 501(a) of 
                                such Code and which has substantial 
                                exempt activities other than lobbying 
                                with respect to the specific issue for 
                                which it engaged the person filing the 
                                registration statement under section 4,
                        the association (and not its members) shall be 
                        treated as the client.
                            ``(iii) Exception for certain members.--
                        Information on a member of a coalition or 
                        association need not be included in any 
                        registration under section 4 if the amount 
                        reasonably expected to be contributed by such 
                        member toward the activities of the coalition 
                        or association of influencing legislation is 
                        less than $500 during the quarterly period 
                        during which the registration would be made.
                            ``(iv) No donor or membership list 
                        disclosure.--No disclosure is required under 
                        this Act, by reason of this subparagraph, with 
                        respect to lobbying activities if it is 
                        publicly available knowledge that the 
                        organization that would be identified under 
                        this subparagraph is affiliated with the client 
                        concerned 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 this subparagraph 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 
                        this subparagraph.''.

SEC. 207. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE BRANCH 
                    AND CONGRESSIONAL EMPLOYMENT.

    Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1603(b)(6)) is amended by striking ``or a covered legislative branch 
official'' and all that follows through ``as a lobbyist on behalf of 
the client,'' and inserting ``or a covered legislative branch 
official,''.

SEC. 208. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION; 
                    MAINTENANCE OF INFORMATION.

    (a) Database Required.--Section 6 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1605) is further amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(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--
                    ``(A) includes the information contained in 
                registrations and reports filed under this Act;
                    ``(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 (2 U.S.C. 434); 
                and
                    ``(C) is searchable and sortable to the maximum 
                extent practicable, including searchable and sortable 
                by each of the categories of information described in 
                section 4(b) or 5(b); and
            ``(10) retain the information contained in a registration 
        or report filed under this Act for a period of at least 6 years 
        after the registration or report (as the case may be) is 
        filed.''.
    (b) Availability of Reports.--
            (1) In general.--Section 6(4) of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1605) is amended by inserting before the 
        semicolon at the end the following: ``and, in the case of a 
        report filed in electronic form pursuant to section 5(d), make 
        such report available for public inspection over the Internet 
        not more than 48 hours after the report is so filed''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the day after the end of the first 
        calendar quarter that begins after the date of the enactment of 
        this Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out paragraph (9) 
of section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605), as 
added by subsection (a) of this section.

SEC. 209. INAPPLICABILITY TO CERTAIN POLITICAL COMMITTEES.

    The amendments made by this title shall not apply to the activities 
of any political committee described in section 301(4) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(4)).

SEC. 210. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this title 
shall apply with respect to any quarterly filing period under the 
Lobbying Disclosure Act of 1995 that begins on or after January 1, 
2008.

            TITLE III--ENFORCEMENT OF LOBBYING RESTRICTIONS

SEC. 301. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO COMPLY 
                    WITH LOBBYING DISCLOSURE REQUIREMENTS.

    Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is 
amended--
            (1) by striking ``Whoever'' and inserting ``(a) Civil 
        Penalty.--Whoever'';
            (2) by striking ``$50,000'' and inserting ``$100,000''; and
            (3) by adding at the end the following:
    ``(b) Criminal Penalty.--Whoever knowingly and corruptly fails to 
comply with any provision of this Act shall be imprisoned for not more 
than 5 years or fined under title 18, United States Code, or both.''.

                     TITLE IV--INCREASED DISCLOSURE

SEC. 401. PROHIBITION ON OFFICIAL CONTACT WITH SPOUSE OF MEMBER WHO IS 
                    A REGISTERED LOBBYIST.

    Rule XXV of the Rules of the House of Representatives is amended by 
adding at the end the following new clause:
    ``7. A Member, Delegate, or Resident Commissioner shall prohibit 
all staff employed by that Member, Delegate, or Resident Commissioner 
(including staff in personal, committee, and leadership offices) from 
having any official contact with that individual's spouse if that 
spouse is a lobbyist under the Lobbying Disclosure Act of 1995 or is 
employed or retained by such a lobbyist for the purpose of influencing 
legislation.''.

SEC. 402. POSTING OF TRAVEL AND FINANCIAL DISCLOSURE REPORTS ON PUBLIC 
                    WEBSITE OF CLERK OF THE HOUSE OF REPRESENTATIVES.

    (a) Requiring Posting on Internet.--The Clerk of the House of 
Representatives shall post on the public Internet site of the Office of 
the Clerk, in a format that is searchable, sortable, and downloadable, 
each of the following:
            (1) The advance authorizations, certifications, and 
        disclosures filed with respect to transportation, lodging, and 
        related expenses for travel under clause 5(b) of rule XXV of 
        the Rules of the House of Representatives by Members (including 
        Delegates and Resident Commissioners to the Congress), 
        officers, and employees of the House.
            (2) The reports filed under section 103(h)(1) of the Ethics 
        in Government Act of 1978 by Members of the House of 
        Representatives (including Delegates and Resident Commissioners 
        to the Congress).
    (b) Applicability and Timing.--
            (1) Applicability.--Subject to paragraph (2), subsection 
        (a) shall apply with respect to information received by the 
        Clerk of the House of Representatives on or after the date of 
        the enactment of this Act.
            (2) Timing.--The Clerk of the House of Representatives 
        shall--
                    (A) not later than August 1, 2008, post the 
                information required by subsection (a) that the Clerk 
                receives by June 1, 2008; and
                    (B) not later than the end of each 45-day period 
                occurring after information is required to be posted 
                under subparagraph (A), post the information required 
                by subsection (a) that the Clerk has received since the 
                last posting under this subsection.
    (c) Retention.--The Clerk shall maintain the information posted on 
the public Internet site of the Office of the Clerk under this section 
for a period of at least 6 years after receiving the information.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to prohibit any expressive conduct protected from legal 
prohibition by, or any activities protected by the free speech, free 
exercise, or free association clauses of, the First Amendment to the 
Constitution.

                          Purpose and Summary

    Federal lobbying is a multi-billion dollar industry, and 
spending to influence Members of Congress and Executive Branch 
officials has continued to increase over the last decade. While 
the Lobbying Disclosure Act was intended to promote 
transparency and accountability in the Federal lobbying 
industry, it falls far short of a complete solution. Its 
shortcomings were highlighted during the 109th Congress by the 
conviction of a high-profile lobbyist, as well as a number of 
highly publicized incidents involving and the provision of 
privately-funded travel, free meals, and lavish entertainment 
by lobbyists to Members of Congress, congressional staff, and 
some Executive Branch officials in exchange for favorable 
treatment for clients with specific interests before the 
Government.
    H.R. 2316, the ``Honest Leadership and Open Government Act 
of 2007,'' addresses these loopholes in current law by 
requiring more rigorous disclosure of lobbying-related 
activities and heightened enforcement of lobbying laws and 
regulations.

                Background and Need for the Legislation

                  THE LOBBYING DISCLOSURE ACT OF 1995

    In 1995, Congress undertook the most comprehensive overhaul 
of Federal lobbying law in nearly 50 years. The ``Lobbying 
Disclosure Act of 1995'' (``LDA'') was crafted to provide more 
specific thresholds, and more inclusive definitions of 
``lobbyist'' and ``lobbying'' activities and contacts that 
would trigger the requirements for the registration and 
reporting of those who are compensated for their lobbying 
activities. The LDA requires lobbyists and lobbying firms, as 
defined in the Act, to register with the Secretary of the 
Senate and the Clerk of the House within 45 days after making 
lobbying contacts or being employed to make such contacts. 
These lobbyists also must submit semi-annual reports 
identifying their clients and employers, the costs of lobbying, 
and the issues on which they lobbied. These reports must 
identify the name of the registrant, lobbyists the registrant 
employs, the client, and the broad issue areas for which 
lobbying was done. In addition, the disclosure must include:

        (1) La good faith estimate, by broad category, of the 
        total amount of lobbying-related income from the 
        client, or expenditures by an organization lobbying in 
        its own behalf, during the semiannual period 
        (expenditures may be estimated at less than $10,000 or 
        in increments of $20,000);

        (2) Lthe specific issues that were the subject of the 
        lobbyist's efforts, including a list of bill numbers 
        ``to the maximum extent practicable;''

        (3) La statement identifying which bodies of Congress 
        and the Federal agencies that were contacted by the 
        lobbyist; and

        (4) La list of the employees of the registrant who 
        acted as lobbyists on behalf of the client, and a 
        declaration of any previous employment as a covered 
        Executive Branch or Legislative Branch official in the 
        2 years prior to registration.

    The Secretary of the Senate and the Clerk of the House are 
responsible for reviewing and, where necessary, verifying the 
accuracy of registrations and reports that are made, and are 
further required to make the registrations and reports 
available for public inspection and copying. Moreover, the 
Secretary and the Clerk must notify in writing any lobbyist or 
lobbying firm of noncompliance with registration and reporting 
requirements, and must further notify the U.S. Attorney for the 
District of Columbia of such noncompliance if the lobbyist or 
lobbying firm fails to remedy its noncompliance within 60 days 
of having received the notice. Whoever knowingly fails to 
timely remedy a defective filing within 60 days after such 
notice by the Secretary or the Clerk, or knowingly fails to 
comply with any other provision of the Act, is subject to a 
civil fine of not more than $50,000.

                          NEED FOR LEGISLATION

    In a study of the Federal lobbying industry published in 
April 2006, the Center for Public Integrity found that since 
1998, lobbyists have spent nearly $13 billion to influence 
Members of Congress and other Federal officials on legislation 
and regulations. The same study found that in 2003 alone, 
lobbyists spent $2.4 billion, with expenditures for 2004 
estimated to grow to at least $3 billion. This is roughly twice 
as much as the already vast amount that was spent on Federal 
political campaigns in the same time period.
    The LDA contains a number of measures to help prevent 
inappropriate influence in the lobbying arena and promote 
greater transparency in lobbying activities. According to the 
Center's study, however, compliance with these requirements has 
been lacking. For example, the Center found:

         Lduring the last 6 years, 49 out of the top 50 
        lobbying firms have failed to file one or more of the 
        required forms;

         Lnearly 14,000 documents that should have been 
        filed are missing;

         Lalmost 300 individuals, companies, or 
        associates have lobbied without being registered;

         Lmore than 2,000 initial registrations were 
        filed after the legal deadline; and

         Lin more than 2,000 instances, lobbyists never 
        filed the required termination documents at all.

    Although the LDA requires the Secretary of the Senate and 
the Clerk of the House to refer cases of noncompliance to the 
U.S. Attorney for the District of Columbia for enforcement, it 
appears that this has not been done until very recently. It 
also appears that the number of infractions actually 
investigated by the Secretary or the Clerk is not nearly on a 
scale with the extent of noncompliance. It is also unclear 
whether enforcement actions are being effectively pursued by 
the Department of Justice.

                                Hearings

    The Committee's Subcommittee on the Constitution, Civil 
Rights, and Civil Liberties held a hearing to examine the issue 
of lobbying reform and S. 1, a Senate counterpart to H.R. 2316, 
on March 1, 2007. Witness testimony was received from Ken 
Gross, a partner with Skadden, Arps, Slate, Meagher & Flom; 
Sarah Dufendach, Chief of Legislative Affairs at Common Cause; 
Thomas E. Mann, Senior Fellow for Governance Studies at the 
Brookings Institution; and Bradley Smith, former Chairman of 
the Federal Election Commission.

                        Committee Consideration

    On May 17, 2007, the Committee met in open session and 
ordered the bill H.R. 2316 favorably reported with an 
amendment, by a voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2316:
    1. An amendment by Mr. Meehan to prohibit payment for an 
event in honor of a Member of Congress at a national political 
party nominating convention. Defeated 5 to 27.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................                              X
Mr. Boucher.....................................................
Mr. Nadler......................................................              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................
Mr. Meehan......................................................              X
Mr. Delahunt....................................................
Mr. Wexler......................................................                              X
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................              X
Mr. Johnson.....................................................                              X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Ms. Baldwin.....................................................                              X
Mr. Weiner......................................................                              X
Mr. Schiff......................................................              X
Mr. Davis.......................................................                              X
Ms. Wasserman Schultz...........................................
Mr. Ellison.....................................................                              X
Mr. Smith (Texas)...............................................                              X
Mr. Sensenbrenner, Jr...........................................                              X
Mr. Coble.......................................................                              X
Mr. Gallegly....................................................                              X
Mr. Goodlatte...................................................
Mr. Chabot......................................................              X
Mr. Lungren.....................................................                              X
Mr. Cannon......................................................                              X
Mr. Keller......................................................                              X
Mr. Issa........................................................                              X
Mr. Pence.......................................................                              X
Mr. Forbes......................................................                              X
Mr. King........................................................                              X
Mr. Feeney......................................................                              X
Mr. Franks......................................................                              X
Mr. Gohmert.....................................................                              X
Mr. Jordan......................................................                              X
                                                                 -----------------------------------------------
    Total.......................................................              5              27
----------------------------------------------------------------------------------------------------------------

    2. An amendment by Mr. Chabot to extend the authorization 
of the Ethics in Government Act of 1978. Defeated 17 to 18.

                                                   ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................                              X
Mr. Boucher.....................................................
Mr. Nadler......................................................                              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................                              X
Ms. Waters......................................................
Mr. Meehan......................................................                              X
Mr. Delahunt....................................................                              X
Mr. Wexler......................................................                              X
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................                              X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Ms. Baldwin.....................................................                              X
Mr. Weiner......................................................                              X
Mr. Schiff......................................................                              X
Mr. Davis.......................................................                              X
Ms. Wasserman Schultz...........................................
Mr. Ellison.....................................................                              X
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................              X
Mr. Coble.......................................................              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................              X
Mr. Lungren.....................................................              X
Mr. Cannon......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Mr. Pence.......................................................              X
Mr. Forbes......................................................              X
Mr. King........................................................              X
Mr. Feeney......................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................              X
                                                                 -----------------------------------------------
    Total.......................................................             17              18
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2316, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 21, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2316, the Honest 
Leadership and Open Government Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Matthew Pickford (for Federal costs), who can be 
reached at 226-2860, and Craig Cammarata (for the private-
sector impact), who can be reached at 226-2940.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 2316--Honest Leadership and Open Government Act of 2007.

                                SUMMARY

    H.R. 2316 would amend the Lobbying Disclosure Act of 1995 
and the rules of the House of Representatives. Major provisions 
of the legislation would expand reporting requirements for 
lobbyists and Members of Congress and would prohibit lobbyists 
from making gifts to or financing travel for Members or 
Congressional employees. In addition, H.R. 2316 would require 
the Senate and the House of Representatives to provide free 
Internet access to information in lobbying reports and 
registrations filed with the Congress, including new reports 
that would be required under the bill concerning Congressional 
travel and lodging expenses.
    CBO estimates that implementing H.R. 2316 would cost about 
$1 million a year, beginning in fiscal year 2008, subject to 
the availability of appropriated funds. Enacting the bill could 
increase revenues and direct spending from fines and penalties 
on new violations of campaign finance laws, but CBO estimates 
that those effects would not be significant.
    H.R. 2316 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on State, local, or tribal governments.
    H.R. 2316 would impose several private-sector mandates, as 
defined in UMRA, on the lobbying industry and certain political 
organizations. Based on information from the Secretary of the 
Senate and the Clerk of the House, CBO estimates that the 
aggregate direct cost of all of the mandates in the bill would 
fall below the annual threshold established by UMRA for 
private-sector mandates ($131 million in 2007, adjusted 
annually for inflation).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 2316 is shown in the 
following table. The costs of this legislation fall within 
budget function 800 (general government).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                        2008   2009   2010   2011   2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Estimated Authorization Level              1      1      1      1      1

Estimated Outlays                          1      1      1      1      1
------------------------------------------------------------------------
1. Enacting the bill could also increase collections from civil and
  criminal penalties. Such penalties are recorded in the budget as
  revenues, and criminal penalties may later be spent. CBO estimates any
  resulting collections and spending would be less than $500,000 a year.

                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that the bill will be 
enacted near the end of fiscal year 2007 and that spending will 
follow historical patterns for similar activities.
Spending Subject to Appropriation
    The legislation would expand Congressional reporting 
requirements for lobbyists and would require the House and 
Senate to make information filed by lobbyists available on the 
Internet. Based on information provided by Congressional 
administrative staff, CBO estimates that Congressional offices 
and committees would spend about $1 million annually to 
collect, maintain, and disseminate information provided by 
lobbyists.
Revenues and Direct Spending
    Enacting H.R. 2316 could increase Federal revenues and 
direct spending as a result of additional civil and criminal 
penalties for new violations of lobbying disclosure laws. 
Collections of civil penalties are recorded in the budget as 
revenues. Collections of criminal penalties are recorded in the 
budget as revenues, deposited in the Crime Victims Fund, and 
later spent without further appropriation. CBO estimates that 
any additional revenues and direct spending that would result 
from enacting the bill would not be significant because of the 
relatively small number of cases likely to be involved.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 2316 contains no intergovernmental mandates as defined 
in UMRA and would impose no costs on State, local, or tribal 
governments.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 2316 would impose several private-sector mandates, as 
defined in UMRA, on the lobbying industry and certain political 
organizations. The bill would impose new restrictions on 
lobbying activities and require lobbying entities, coalitions 
and associations to submit additional reports and disclosures 
to the Secretary of the Senate and the Clerk of the House. 
Based on information from those offices, CBO estimates that the 
aggregate direct cost of all of the private-sector mandates in 
the bill would fall below the annual threshold established by 
UMRA ($131 million in 2007, adjusted annually for inflation).
    The bill would impose several new requirements on lobbyists 
and lobbying organizations. Requirements on lobbyists and 
lobbying organizations would include but not be limited to:

         LElectronic filing of lobbyist registrations 
        and disclosure reports filed with the Secretary of the 
        Senate or the Clerk of the House of Representatives;

         LQuarterly, instead of semiannual, filing of 
        lobbying disclosure reports; and

         LAdditional information in registration and 
        disclosure reports including information on:

          --LContributions to members, Congressional staff, 
        Federal officers and political entities by lobbyists;

          --LAny gifts distributed by lobbying entities; and

          --Whether or not each registered lobbyist had prior 
        experience as a covered executive or legislative branch 
        official.

    As of January 1, 2006, all lobbyists and lobbying 
organizations must register and file semiannual disclosure 
reports electronically with the Clerk of the House. However, 
electronic reporting is still optional for lobbyists and 
lobbying organizations filing in the Senate. Since all 
lobbyists must file similar reports with both the Clerk of the 
House and the Secretary of the Senate, the incremental cost of 
filing reports electronically with the Secretary of the Senate 
should be minimal. Because such entities already collect the 
information requested in the registration and disclosure 
reports, CBO estimates that the incremental costs associated 
with the new reporting requirements in the bill would not be 
substantial relative to UMRA's annual threshold for private-
sector mandates.
    The bill also would amend the Lobbying Disclosure Act of 
1995 to require certain coalitions and associations to file 
disclosure reports. Those entities are not currently required 
to file disclosure reports with the Secretary of the Senate or 
the Clerk of the House. CBO expects the cost of compliance for 
those organizations to be small, relative to UMRA's annual 
threshold for private-sector mandates, because the reports 
would be filed electronically and the organizations would not 
be required to collect additional information.

                         ESTIMATE PREPARED BY:

Federal Costs: Matthew Pickford and Deborah Reis (226-2860)
Impact on State, Local, and Tribal Governments: Elizabeth Cove 
    (225-3220)
Impact on the Private-Sector: Craig Cammarata (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2316 is provided to offer more rigorous requirements with 
respect to the disclosure and enforcement of lobbying laws and 
regulations.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article 1, section 5, clause 2, and article 
1 section 8, clauses 3 and 18 of the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2316 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    Sec. 1. Short Title and Table of Contents. Section 1(a) 
sets forth the short title of the Act as the ``Honest 
Leadership and Open Government Act of 2007.'' Section 1(b) sets 
forth the Act's table of contents.
    Sec. 101. Disclosure by Members and Staff of Employment 
Negotiations. Section 101 adds a new Rule XXVII to the Rules of 
the House of Representatives that prohibits a Member, Delegate, 
or Resident Commissioner from entering into any negotiation or 
agreement with regard to future employment or salary until his 
or her successor has been elected unless, within three business 
days after the commencement of such negotiation or agreement, 
he or she files a signed statement with the Committee on 
Standards of Official Conduct (Standards Committee) disclosing 
the nature of such negotiation or agreement, the name of the 
private entity or entities involved, and the date when such 
agreement or negotiation commenced. In addition, section 101 
requires senior staff earning more than 75% of a Member's 
salary to notify the Standards Committee that he or she is 
negotiating, or has reached agreement on, future employment or 
salary within three business days of commencing such 
negotiation or agreement. The provision also specifies that an 
individual required to make such disclosure must recuse himself 
or herself from any matter in which there is a conflict of 
interest or an appearance of a conflict. Section 101(4) further 
requires that a Member, Delegate, or Resident Commissioner 
submit a statement of disclosure to the Clerk for public 
release in the event that such a recusal is made.
    Sec. 102. Wrongfully Influencing a Private Entity's 
Employment Decisions or Practices. Section 102 amends title 18 
of the United States Code by adding a new section 227, which 
prohibits a Member, Delegate, Resident Commissioner, or senior 
staff from influencing employment decisions or practices of 
private entities for partisan political gain. A violation of 
this provision subjects the individual to being fined or 
imprisoned for a term up to 15 years.
    Sec. 103. Additional Restrictions on Contractors. Section 
103 amends title 18 of the United States Code to provide that 
an attorney or law firm, contracting to provide services to a 
committee of Congress, a Member of the Leadership of either 
House of Congress, a covered Legislative Branch official, or a 
working group or congressional caucus, may not knowingly make, 
with the intent to influence, any communication or appearance 
before any Member, officer, or employee of either House of 
Congress, on behalf of another in connection with any matter on 
which the attorney or law firm seeks official action by the 
Member, officer, or employee in his or her official capacity 
during the term of the contract and for 1 year thereafter.
    Sec. 104. Effective Date. Section 104(a) provides that 
section 101 of the Act takes effect on the date of enactment of 
the Act and applies to negotiations commenced, and agreements 
entered into, on or after such date. Section 104(b) provides 
that section 102 takes effect on the Act's date of enactment. 
Section 104(c) provides that section 103 takes effect on May 
23, 2007 and applies with respect to any contract entered into 
before, on or after such date.
    Sec. 201. Quarterly Filing of Lobbying Disclosure Reports. 
Section 201 amends various sections of the Lobbying Disclosure 
Act to mandate quarterly, rather than semiannual, disclosure of 
lobbying reports. Registration is not required if the total 
income from lobbying activities does not exceed $2,500 
(compared with $5,000 under current law) or total expenses in 
connection with lobbying activities does not exceed $10,000 
($20,000 under current law). The registration must contain 
information regarding any organization, other than the client, 
that contributes more than $5,000 ($10,000 under current law) 
toward the lobbying activities of the registrant.
    Sec. 202. Electronic Filing of Lobbying Disclosure Reports. 
Section 202 amends section 5 of the Lobbying Disclosure Act to 
require electronic, rather than paper, filing of lobbying 
reports.
    Sec. 203. Additional Lobbying Disclosure Requirements. 
Section 203 amends section 5(b) of the Lobbying Disclosure Act 
to require that lobbyists, lobbying firms, and their employees 
certify on their disclosure report that they did not give a 
gift in violation of the rules of the House or of the Senate.
    Sec. 204. Quarterly Reports on Other Contributions. Section 
204 amends section 5 of the Lobbying Disclosure Act to require 
lobbyists to provide additional information in the mandatory 
quarterly reports beyond what is required under current law 
with respect to contributions made to a Federal candidate, 
officeholder, leadership PAC, or political party committee if 
the contributions aggregate $200 or more in the calendar year. 
It further requires that lobbyists disclose the amount of any 
funds provided to an organization described in section 527 of 
the Internal Revenue Code of 1986 that is not treated as a 
political committee under the campaign finance rules, as well 
as the recipient of those funds.
    Sec. 205. Prohibition on Provision of Gifts or Travel by 
Registered Lobbyists to Members of Congress and to 
Congressional Employees. Section 205 adds a new section 25 to 
the Lobbying Disclosure Act, making it a substantive violation 
of that Act for a lobbyist to provide a gift or travel to a 
Member, officer, or employee of Congress with knowledge that 
such gift or travel may not be accepted under the rules of the 
House or of the Senate.
    Sec. 206. Disclosure of Lobbying Activities by Certain 
Coalitions and Association. Section 206 amends section 3(2) of 
the Lobbying Disclosure Act to change the definition of 
``client.'' This has the effect of requiring the disclosure of 
lobbying activities by certain coalitions and associations. In 
the case of a coalition or association that employs lobbyists, 
the client is each of the individual members of the coalition 
or association. In contrast, current law provides that the 
client is the coalition or association itself. Section 206 
exempts 501(c)(3) associations and other associations described 
under section 501(c) from the requirements of this section if 
such associations engage in substantial exempt activities with 
respect to the specific issue for which it engaged the person 
required to file. Disclosure regarding a member of a coalition 
or association is not required if the amount reasonably 
expected to be contributed by such member towards the 
activities of the coalition or association of influencing 
legislation is less than $500 per quarter. This exemption does 
not apply if the member of a coalition or association 
unexpectedly makes aggregate contributions of more than $500 in 
any quarterly period. Section 206 also clarifies that it does 
not require disclosure of the donors and individual members of 
such a coalition or association.
    Sec. 207. Disclosure by Registered Lobbyists of Past 
Executive Branch and Congressional Employment. Section 207 
amends section 4(b)(6) of the Lobbying Disclosure Act to 
require lobbyists who have formerly served as a covered 
Executive Branch or Legislative Branch official to disclose 
such prior employment. In contrast, current law mandates the 
disclosure of such prior employment only if it ended in the 2-
year period before the lobbyist commenced present employment.
    Sec. 208. Public Database of Lobbying Disclosure 
Information; Maintenance of Information. Section 208 amends 
section 6 of the Lobbying Disclosure Act to require the 
Secretary of the Senate and the Clerk of the House to maintain 
and provide online access free of charge in a searchable, 
sortable, and downloadable manner, to an electronic database 
that includes the information contained in registrations and 
reports filed under the Lobbying Disclosure Act (as amended by 
this Act) and that directly links reports under the Federal 
Election Campaign Act for a period of 6 years after they are 
filed. The reports must be made available within 48 hours after 
being filed.
    Sec. 209. Inapplicability to Certain Political Committees. 
Section 209 exempts political committees, as defined in Section 
301(4) of the Federal Election Campaign Act of 1971, from the 
requirements of title II of the bill. The sole purpose of 
section 209 is to ensure that nothing in Title II shall be 
construed to make any changes to the requirements imposed on 
political committees under the Federal Election Campaign Act of 
1971, 2 U.S.C. Sec. Sec. 431 et seq. Section 209 does not alter 
or limit the requirements imposed on lobbyists under Title II 
with regard to contributions made to, or raised for, political 
committees, and does not otherwise alter or limit the 
requirements of lobbyists under Title II with regard to the 
activities of political committees.
    Sec. 210. Effective Date. Section 210 sets forth the 
effective date of title II of the bill as January 1, 2008, 
except as otherwise provided in the Act.
    Sec. 301. Increased Civil and Criminal Penalties for 
Failure To Comply with Lobbying Disclosure Requirements. 
Section 301 increases the civil penalty for a violation of the 
Lobbying Disclosure Act from $50,000 to $100,000. The provision 
imposes a criminal penalty of up to 5 years for knowing and 
corrupt failure to comply with that Act.
    Sec. 401. Prohibition on Official Contact with Spouse of 
Member Who Is a Registered Lobbyist. Section 401 amends rule 
XXV of the Rules of the House to require a Member to prohibit 
everyone on his or her staff from having any official contact 
with the Member's spouse if such spouse is a registered 
lobbyist or is employed or retained by a registered lobbyist to 
influence legislation.
    Sec. 402. Posting of Travel and Financial Disclosure 
Reports on Public Website of Clerk of the House of 
Representatives. Section 402 requires the Clerk of the House to 
publicly post on an Internet site hosted by the House, within 
45 days of filing, documents related to travel, lodging, and 
related expenses and reports under section 103(h)(1) of the 
Ethics in Government Act filed by Members, Delegates, and 
Resident Commissioners.
    Sec. 501. Rule of Construction. Section 501 clarifies that 
nothing in this Act shall be construed to prohibit any 
expressive conduct protected by the first amendment to the 
Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                 RULES OF THE HOUSE OF REPRESENTATIVES

ONE HUNDRED TENTH CONGRESS

           *       *       *       *       *       *       *


                                RULE XXV

      Limitations on Outside Earned Income and Acceptance of Gifts

Outside earned income; honoraria
    1. (a) * * *

           *       *       *       *       *       *       *

    7. A Member, Delegate, or Resident Commissioner shall 
prohibit all staff employed by that Member, Delegate, or 
Resident Commissioner (including staff in personal, committee, 
and leadership offices) from having any official contact with 
that individual's spouse if that spouse is a lobbyist under the 
Lobbying Disclosure Act of 1995 or is employed or retained by 
such a lobbyist for the purpose of influencing legislation.

           *       *       *       *       *       *       *


                               RULE XXVII

       Disclosure by Members and Staff of Employment Negotiations

    1. A Member, Delegate, or Resident Commissioner shall not 
directly negotiate or have any agreement of future employment 
or compensation until after his or her successor has been 
elected, unless such Member, Delegate, or Resident 
Commissioner, within 3 business days after the commencement of 
such negotiation or agreement of future employment or 
compensation, files with the Committee on Standards of Official 
Conduct a statement, which must be signed by the Member, 
Delegate, or Resident Commissioner, regarding such negotiations 
or agreement, including the name of the private entity or 
entities involved in such negotiations or agreement, and the 
date such negotiations or agreement commenced.
    2. An officer or an employee of the House earning in excess 
of 75 percent of the salary paid to a Member shall notify the 
Committee on Standards of Official Conduct that he or she is 
negotiating or has any agreement of future employment or 
compensation.
    3. The disclosure and notification under this rule shall be 
made within 3 business days after the commencement of such 
negotiation or agreement of future employment or compensation.
    4. A Member, Delegate, or Resident Commissioner, and an 
officer or employee to whom this clause applies, shall recuse 
himself or herself from any matter in which there is a conflict 
of interest or an appearance of a conflict for that Member, 
Delegate, Resident Commissioner, officer, or employee under 
this rule and shall notify the Committee on Standards of 
Official Conduct of such recusal. A Member, Delegate, or 
Resident Commissioner making such recusal shall, upon such 
recusal, submit to the Clerk for public disclosure the 
statement of disclosure under clause 1 with respect to which 
the recusal was made.

                          RULE [XXVII] XXVIII

                    Statutory Limit on Public Debt.

    1. * * *

           *       *       *       *       *       *       *


                           RULE [XXVIII] XXIX

                          General Provisions.

    1. * * *

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


         CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

Sec.
201.    Bribery of public officials and witnesses.
     * * * * * * *
220.    Restrictions on contractors with Congress.
     * * * * * * *
227.    Wrongfully influencing a private entity's employment decisions 
          by a Member of Congress.
     * * * * * * *

Sec. 216. Penalties and injunctions

    (a) The punishment for an offense under section 203, 204, 
205, 207, 208, [or 209], 209, or 220 of this title is the 
following:
            (1) * * *

           *       *       *       *       *       *       *

    (b) The Attorney General may bring a civil action in the 
appropriate United States district court against any person who 
engages in conduct constituting an offense under section 203, 
204, 205, 207, 208, [or 209], 209, or 220 of this title and, 
upon proof of such conduct by a preponderance of the evidence, 
such person shall be subject to a civil penalty of not more 
than $50,000 for each violation or the amount of compensation 
which the person received or offered for the prohibited 
conduct, whichever amount is greater. The imposition of a civil 
penalty under this subsection does not preclude any other 
criminal or civil statutory, common law, or administrative 
remedy, which is available by law to the United States or any 
other person.
    (c) If the Attorney General has reason to believe that a 
person is engaging in conduct constituting an offense under 
section 203, 204, 205, 207, 208, [or 209], 209, or 220 of this 
title, the Attorney General may petition an appropriate United 
States district court for an order prohibiting that person from 
engaging in such conduct. The court may issue an order 
prohibiting that person from engaging in such conduct if the 
court finds that the conduct constitutes such an offense. The 
filing of a petition under this section does not preclude any 
other remedy which is available by law to the United States or 
any other person.

           *       *       *       *       *       *       *


Sec. 220. Restrictions on contractors with Congress

    (a) Restrictions.--
            (1) In general.--If a person who is an attorney or 
        a law firm, including a professional legal corporation 
        or partnership, or an attorney employed by such a law 
        firm, enters into a contract to provide services to--
                    (A) a committee of Congress, or a 
                subcommittee of any such committee,
                    (B) a Member of the leadership of the House 
                of Representatives or a Member of the 
                leadership of the Senate,
                    (C) a covered legislative branch official, 
                or
                    (D) a working group or caucus organized to 
                provide legislative services or other 
                assistance to Members of Congress,
        the attorney or law firm entering into the contract, 
        and the law firm by which the attorney entering into 
        the contract is employed, may not, during the period 
        prescribed in paragraph (2), knowingly make, with the 
        intent to influence, any communication or appearance 
        before any person described in paragraph (3), on behalf 
        of any other person (except the United States), in 
        connection with any matter on which such attorney or 
        law firm seeks official action by a Member, officer, or 
        employee of either House of Congress, in his or her 
        official capacity.
            (2) Period described.--The period referred to in 
        paragraph (1) is the period during which the contract 
        described in paragraph (1) is in effect, and a period 
        of 1 year after the attorney or law firm, as the case 
        may be, is no longer subject to the contract.
            (3) Persons described.--The persons referred to in 
        paragraph (1) with respect to appearances or 
        communications by an attorney or law firm are any 
        Member, officer, or employee of either House of 
        Congress.
    (b) Penalty.--Any person who violates paragraph (1) shall 
be punished as provided in section 216.
    (c) Definitions.--For purposes of this section--
            (1) the term ``committee of Congress'' includes any 
        standing committee, joint committee, and select 
        committee;
            (2) the term ``covered legislative branch 
        official'' has the meaning given that term in section 3 
        of the Lobbying Disclosure Act of 1995;
            (3)(A) a person is an employee of a House of 
        Congress if that person is an employee of the House of 
        Representatives or an employee of the Senate;
    (B) the terms ``employee of the House of Representatives'' 
and ``employee of the Senate'' have the meanings given those 
terms in section 207(e)(7);
            (4) an attorney is ``employed'' by a law firm if 
        the attorney is an employee of, or a partner or other 
        member of, the law firm;
            (5) the terms ``Member of the leadership of the 
        House of Representatives'' and ``Member of the 
        leadership of the Senate'' have the meanings given 
        those terms in section 207(e)(7); and
            (6) the term ``Member of Congress'' means a Senator 
        or Representative in, or Delegate or Resident 
        Commissioner to, the Congress.

           *       *       *       *       *       *       *


Sec. 227. Wrongfully influencing a private entity's employment 
                    decisions by a Member of Congress

    Whoever, being a Senator or Representative in, or a 
Delegate or Resident Commissioner to, the Congress or an 
employee of either House of Congress, with the intent to 
influence on the basis of partisan political affiliation an 
employment decision or employment practice of any private 
entity--
            (1) takes or withholds, or offers or threatens to 
        take or withhold, an official act, or
            (2) influences, or offers or threatens to 
        influence, the official act of another,
shall be fined under this title or imprisoned for not more than 
15 years, or both, and may be disqualified from holding any 
office of honor, trust, or profit under the United States.

           *       *       *       *       *       *       *

                              ----------                              


                    LOBBYING DISCLOSURE ACT OF 1995



           *       *       *       *       *       *       *
SEC. 3. DEFINITIONS.

    
    As used in this Act:
            (1) * * *
            [(2) Client.--The term ``client'' means any person 
        or entity that employs or retains another person for 
        financial or other compensation to conduct lobbying 
        activities on behalf of that person or entity. A person 
        or entity whose employees act as lobbyists on its own 
        behalf is both a client and an employer of such 
        employees. In the case of a coalition or association 
        that employs or retains other persons to conduct 
        lobbying activities, the client is the coalition or 
        association and not its individual members.]
            (2) Client.--
                    (A) In general.--The term ``client'' means 
                any person or entity that employs or retains 
                another person for financial or other 
                compensation to conduct lobbying activities on 
                behalf of that person or entity. A person or 
                entity whose employees act as lobbyists on its 
                own behalf is both a client and an employer of 
                such employees.
                    (B) Treatment of coalitions and 
                associations.--
                            (i) In general.--Except as provided 
                        in clauses (ii), (iii), and (iv), in 
                        the case of a coalition or association 
                        that employs or retains other persons 
                        to conduct lobbying activities, each of 
                        the individual members of the coalition 
                        or association (and not the coalition 
                        or association) is the client. For 
                        purposes of section 4(a)(3), the 
                        preceding sentence shall not apply, and 
                        the coalition or association shall be 
                        treated as the client.
                            (ii) Exception for certain tax-
                        exempt associations.--In the case of an 
                        association--
                                    (I) which is described in 
                                paragraph (3) of section 501(c) 
                                of the Internal Revenue Code of 
                                1986 and exempt from tax under 
                                section 501(a) of such Code, or
                                    (II) which is described in 
                                any other paragraph of section 
                                501(c) of the Internal Revenue 
                                Code of 1986 and exempt from 
                                tax under section 501(a) of 
                                such Code and which has 
                                substantial exempt activities 
                                other than lobbying with 
                                respect to the specific issue 
                                for which it engaged the person 
                                filing the registration 
                                statement under section 4,
                        the association (and not its members) 
                        shall be treated as the client.
                            (iii) Exception for certain 
                        members.--Information on a member of a 
                        coalition or association need not be 
                        included in any registration under 
                        section 4 if the amount reasonably 
                        expected to be contributed by such 
                        member toward the activities of the 
                        coalition or association of influencing 
                        legislation is less than $500 during 
                        the quarterly period during which the 
                        registration would be made.
                            (iv) No donor or membership list 
                        disclosure.--No disclosure is required 
                        under this Act, by reason of this 
                        subparagraph, with respect to lobbying 
                        activities if it is publicly available 
                        knowledge that the organization that 
                        would be identified under this 
                        subparagraph is affiliated with the 
                        client concerned 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 this 
                        subparagraph 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 this 
                        subparagraph.

           *       *       *       *       *       *       *

            (10) Lobbyist.--The term ``lobbyist'' means any 
        individual who is employed or retained by a client for 
        financial or other compensation for services that 
        include more than one lobbying contact, other than an 
        individual whose lobbying activities constitute less 
        than 20 percent of the time engaged in the services 
        provided by such individual to that client over a [six 
        month period] 3-month period.

           *       *       *       *       *       *       *


SEC. 4. REGISTRATION OF LOBBYISTS.

    (a) Registration.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Exemption.--
                    (A) General rule.--Notwithstanding 
                paragraphs (1) and (2), a person or entity 
                whose--
                            (i) total income for matters 
                        related to lobbying activities on 
                        behalf of a particular client (in the 
                        case of a lobbying firm) does not 
                        exceed and is not expected to exceed 
                        [$5,000] $2,500; or
                            (ii) total expenses in connection 
                        with lobbying activities (in the case 
                        of an organization whose employees 
                        engage in lobbying activities on its 
                        own behalf) do not exceed or are not 
                        expected to exceed [$20,000] $10,000,
                (as estimated under section 5) in the 
                [semiannual period] quarterly period described 
                in section 5(a) during which the registration 
                would be made is not required to register under 
                subsection (a) with respect to such client.

           *       *       *       *       *       *       *

    (b) Contents of Registration.--Each registration under this 
section shall contain--
            (1) * * *

           *       *       *       *       *       *       *

            (3) the name, address, and principal place of 
        business of any organization, other than the client, 
        that--
                    (A) contributes more than [$10,000] $5,000 
                toward the lobbying activities of the 
                registrant in a [semiannual period] quarterly 
                period described in section 5(a); and

           *       *       *       *       *       *       *

            (4) the name, address, principal place of business, 
        amount of any contribution of more than [$10,000] 
        $5,000 to the lobbying activities of the registrant, 
        and approximate percentage of equitable ownership in 
        the client (if any) of any foreign entity that--
                    (A) * * *

           *       *       *       *       *       *       *

            (6) the name of each employee of the registrant who 
        has acted or whom the registrant expects to act as a 
        lobbyist on behalf of the client and, if any such 
        employee has served as a covered executive branch 
        official [or a covered legislative branch official in 
        the 2 years before the date on which such employee 
        first acted (after the date of enactment of this Act) 
        as a lobbyist on behalf of the client,] or a covered 
        legislative branch official, the position in which such 
        employee served.

           *       *       *       *       *       *       *


SEC. 5. REPORTS BY REGISTERED LOBBYISTS.

    (a) [Semiannual] Quarterly Report.--No later than 45 days 
after the end of [the semiannual period beginning on the first 
day of each January and the first day of July of each year] the 
quarterly period beginning on the first day of January, April, 
July, and October of each year in which a registrant is 
registered under section 4, each registrant shall file a report 
with the Secretary of the Senate and the Clerk of the House of 
Representatives on its lobbying activities during [such 
semiannual period] such quarterly period. A separate report 
shall be filed for each client of the registrant.
    (b) Contents of Report.--Each [semiannual report] quarterly 
report filed under subsection (a) shall contain--
            (1) * * *
            (2) for each general issue area in which the 
        registrant engaged in lobbying activities on behalf of 
        the client during the [semiannual filing period] 
        quarterly period--
                    (A)  * * *

           *       *       *       *       *       *       *

            (3) in the case of a lobbying firm, a good faith 
        estimate of the total amount of all income from the 
        client (including any payments to the registrant by any 
        other person for lobbying activities on behalf of the 
        client) during the [semiannual period] quarterly 
        period, other than income for matters that are 
        unrelated to lobbying activities; [and]
            (4) in the case of a registrant engaged in lobbying 
        activities on its own behalf, a good faith estimate of 
        the total expenses that the registrant and its 
        employees incurred in connection with lobbying 
        activities during the [semiannual filing period .] 
        quarterly period; and
            (5) a certification that the lobbying firm, or 
        registrant, and each employee listed as a lobbyist 
        under section 4(b)(6) or paragraph (2)(C) of this 
        subsection for that lobbying firm or registrant, has 
        not provided, requested, or directed a gift, including 
        travel, to a Member of Congress or an officer or 
        employee of either House of Congress in violation rule 
        XXXV of the Standing Rules of the Senate or rule XXV of 
        the Rules of the House of Representatives.
    (d) Electronic Filing Required.--A report 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 
Secretary of the Senate or the Clerk of the House of 
Representatives.
    (e) Quarterly Reports on Other Contributions.--
            (1) In general.--Not later than 45 days after the 
        end of the quarterly period beginning on the first day 
        of January, April, July, and October of each year, or 
        on the first business day after the first day of such 
        month if that day is not a business day, each person 
        who is registered or is required to register under 
        paragraph (1) or (2) of section 4(a), and each employee 
        who is or is required to be listed as a lobbyist under 
        section 4(b)(6) or subsection (b) of this section, 
        shall file a report with the Secretary of the Senate 
        and the Clerk of the House of Representatives 
        containing--
                    (A) the name of the person;
                    (B) in the case of an employee, his or her 
                the employer;
                    (C) the names of all political committees 
                established or administered by the person;
                    (D) 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 person or a political committee 
                established or administered by the person 
                within the calendar year, and the date and 
                amount of each contribution made within the 
                quarterly period;
                    (E) the date, recipient, and amount of 
                funds contributed, disbursed, or arranged (or a 
                good faith estimate thereof) by the person or a 
                political committee established or administered 
                by the person during the quarterly period--
                            (i) to pay the cost of an event to 
                        honor or recognize a covered 
                        legislative branch official or covered 
                        executive branch official;
                            (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;
                            (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; or
                            (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;
                    (F) any information reported to the Federal 
                Election Commission under the second sentence 
                of section 315(a)(8) of the Federal Election 
                Campaign Act of 1971 (relating to reports by 
                intermediaries and conduits of the original 
                source and the intended recipient of 
                contributions under such Act) during the 
                quarterly period by the person or a political 
                committee established or administered by the 
                person; and
                    (G) the amount and recipient of any funds 
                provided to an organization described in 
                section 527 of the Internal Revenue Code of 
                1986 that is not treated as a political 
                committee under section 301(4) under the 
                Federal Election Campaign Act of 1971.
            (2) Definition.--In this subsection, the term 
        ``leadership PAC'' means, with respect to an individual 
        holding Federal office, an unauthorized political 
        committee that 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.

SEC. 6. DISCLOSURE AND ENFORCEMENT.

    
    The Secretary of the Senate and the Clerk of the House of 
Representatives shall--
            (1) * * *

           *       *       *       *       *       *       *

            (4) make available for public inspection and 
        copying at reasonable times the registrations and 
        reports filed under this Act and, in the case of a 
        report filed in electronic form pursuant to section 
        5(d), make such report available for public inspection 
        over the Internet not more than 48 hours after the 
        report is so filed;

           *       *       *       *       *       *       *

            (6) compile and summarize, with respect to each 
        [semiannual period] quarterly period, the information 
        contained in registrations and reports filed with 
        respect to such period in a clear and complete manner;
            (7) notify any lobbyist or lobbying firm in writing 
        that may be in noncompliance with this Act; [and]
            (8) notify the United States Attorney for the 
        District of Columbia that a lobbyist or lobbying firm 
        may be in noncompliance with this Act, if the 
        registrant has been notified in writing and has failed 
        to provide an appropriate response within 60 days after 
        notice was given under paragraph (7)[.];
            (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--
                    (A) includes the information contained in 
                registrations and reports filed under this Act;
                    (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 (2 U.S.C. 434); 
                and
                    (C) is searchable and sortable to the 
                maximum extent practicable, including 
                searchable and sortable by each of the 
                categories of information described in section 
                4(b) or 5(b); and
            (10) retain the information contained in a 
        registration or report filed under this Act for a 
        period of at least 6 years after the registration or 
        report (as the case may be) is filed.

SEC. 7. PENALTIES.

    [Whoever] (a) Civil Penalty.--Whoever knowingly fails to--
            (1) remedy a defective filing within 60 days after 
        notice of such a defect by the Secretary of the Senate 
        or the Clerk of the House of Representatives; or
            (2) comply with any other provision of this Act;
shall, upon proof of such knowing violation by a preponderance 
of the evidence, be subject to a civil fine of not more than 
[$50,000] $100,000, depending on the extent and gravity of the 
violation.
    (b) Criminal Penalty.--Whoever knowingly and corruptly 
fails to comply with any provision of this Act shall be 
imprisoned for not more than 5 years or fined under title 18, 
United States Code, or both.

           *       *       *       *       *       *       *


SEC. 15. ESTIMATES BASED ON TAX REPORTING SYSTEM.

    (a) Entities Covered by Section 6033(b) of the Internal 
Revenue Code of 1986.--A person, other than a lobbying firm, 
that is required to report and does report lobbying 
expenditures pursuant to section 6033(b)(8) of the Internal 
Revenue Code of 1986 may--
            (1) make a good faith estimate (by category of 
        dollar value) of applicable amounts that would be 
        required to be disclosed under such section for the 
        appropriate [semiannual period] quarterly period to 
        meet the requirements of sections 4(a)(3) and 5(b)(4); 
        and

           *       *       *       *       *       *       *

    (b) Entities Covered by Section 162(e) of the Internal 
Revenue Code of 1986.--A person, other than a lobbying firm, 
who is required to account and does account for lobbying 
expenditures pursuant to section 162(e) of the Internal Revenue 
Code of 1986 may--
            (1) make a good faith estimate (by category of 
        dollar value) of applicable amounts that would not be 
        deductible pursuant to such section for the appropriate 
        [semiannual period] quarterly period to meet the 
        requirements of sections 4(a)(3) and 5(b)(4); and

           *       *       *       *       *       *       *


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 make a gift or provide travel to a Member, officer, or 
employee of Congress, if the person has knowledge that the gift 
or travel may not be accepted under the rules of the House of 
Representatives or the Senate.
    (b) Persons Subject to Prohibition.--The persons subject to 
the prohibition under subsection (a) are any lobbyist that is 
registered or is required to register under section 4(a)(1), 
any organization that employs 1 or more lobbyists and is 
registered or is required to register under section 4(a)(2), 
and any employee listed or required to be listed as a lobbyist 
by a registrant under section 4(b)(6).

           *       *       *       *       *       *       *


                            Additional Views

    Americans want and deserve honest government, and finally 
this Congress we have voted on a bill, H.R. 2316, which, as 
reported out of committee, is virtually identical to the bill 
that Republicans passed last Congress, including disclosure of 
Members' private-sector employment negotiations, prohibition of 
threats by Members to influence private-sector employment, the 
creation of a public lobbying database with increased frequency 
of lobbying disclosure, and increased penalties for lobbyist 
disclosure violations. Last year's Republican bill went further 
by including a moratorium on privately funded travel. It also 
required lobbyists to report their expenses more precisely.
    Indeed, regarding all the provisions that were reported out 
of the committee last Congress, Mr. Conyers said ``I am very 
pleased to join in this cooperative effort . . . Ladies and 
gentlemen, what we do with the manager's amendment in short has 
considerably strengthened the measure before us that is within 
our jurisdiction and I urge its support.'' \1\ Mr. Nadler said 
``I support the manager's amendment which advances this 
legislation. This legislation goes to the very heart of this 
institution's credibility and integrity . . .'' \2\ And 
Representatives Conyers, Nadler, Scott, Watt, Lofgren, Jackson 
Lee, Meehan, Wexler, Weiner, Schiff, Sanchez, Van Hollen, and 
Wasserman Schultz all stated the following of that amendment 
last Congress in the committee report on the legislation: ``At 
the markup, we were able to develop a bipartisan provision 
concerning the areas of Judiciary Committee jurisdiction--
principally the Lobbying Disclosure Act.'' \3\
---------------------------------------------------------------------------
    \1\ H. Rep. 109-439 Part I (109th Congress, 2d Sess.) at 109-110.
    \2\ H. Rep. 109-439 Part I (109th Congress, 2d Sess.) at 111.
    \3\ H. Rep. 109-439 Part I (109th Congress, 2d Sess.) at 154 
(emphasis added).
---------------------------------------------------------------------------
    The increased disclosures required in H.R. 2316 are largely 
those that were contained in Sections 101 through 108 of H.R. 
4975 as reported out of the Judiciary Committee during the last 
Congress. That bipartisan effort in this committee last 
Congress included provisions that require additional quarterly 
disclosures by lobbyists; disclosures of the names of federal 
candidates and officeholders, their leadership PACs, or 
political committees for whom fundraising events are hosted by 
lobbyists; disclosures of information regarding payments for 
events honoring Members; disclosures of payments to entities 
named for Members; disclosures of payments made to entities 
established, financed, maintained and controlled by Members as 
defined under current federal regulations; and disclosures of 
payments for retreats and conferences for the benefit of 
Members. That bipartisan effort in the last Congress also 
included requirements that lobbyists round their estimates of 
expenses to the nearest $1,000 and that the Clerk of the House 
link lobbying disclosure reports to relevant FEC filings on the 
Internet. In addition, it included provisions for criminal 
penalties of not more than 3 years in jail for knowing and 
willful failures to comply, and not more than 5 years for 
knowing, willful, and corrupt failures to comply.
    We are pleased that H.R. 2316 addresses many of the same 
reforms we reported out of this committee during the last 
Congress, and that the majority has finally seen its way to 
support legislation that is virtually identical to what 
Republicans supported last Congress.
    We are also pleased to see that this legislation does not 
contain provisions that have already been rejected by the 
Senate because they may violate the First Amendment, namely 
regulations of grassroots communications.
    We are pleased that an amendment offered by Mr. Cannon was 
adopted by voice vote. That amendment provides for a one-year 
revolving door ban that would prohibit private lawyers who 
enter contracts with congressional committees from lobbying 
Congress while under contract with such committee, and also 
prohibit such lawyers from lobbying Congress within one year of 
the expiration of such contract. If a committee is going to 
enter into a contract with a private law firm, the private 
lawyers working under that contract are going to become 
congressional insiders for purposes of their committee work. 
Just as a revolving door ban currently applied to prevent 
Members and senior staff from lobbying Congress within one year 
of their service in Congress, this amendment appropriately 
would impose a revolving door ban to prevent lawyers who are 
under contract with a committee of Congress from taking unfair 
advantage of the connections they made while under contract.
    We are also pleased that an amendment offered by Mr. King 
was adopted by voice vote. That amendment would require the 
posting of travel and financial disclosure reports on the 
public website of the Clerk of the House of Representatives to 
be listed in a format that is searchable and sortable.
    We are disappointed, however, that the committee failed to 
adopt an amendment offered by Mr. Chabot that would have 
reauthorized the Office of Government Ethics for five years 
(through fiscal year 2012). The Office of Government Ethics 
guides executive branch policies specifically related to 
preventing conflicts of interest on the part of officers and 
employees of any executive agency and to facilitating the 
timely resolution of those conflicts that do occur. Although 
other attempts have been made to reauthorize this important 
agency, none have been successful so far.

                 GRASSROOTS COMMUNICATIONS REGULATIONS

    We are very pleased to see that an amendment offered by Mr. 
Meehan that would have regulated grassroots communications was 
rejected by voice vote.
    As the American Civil Liberties Union has stated in 
opposing provisions regulating grassroots communications, 
``Petitioning the government is core political speech, for 
which First Amendment protection is at its zenith.'' \4\
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    \4\ Letter from the American Civil Liberties Union to U.S. 
Senators, ``Support Bennett Amendment S.A. 20 to S. 1 ``The Legislative 
Transparency and Accountability Act of 2007'' (January 17, 2007).
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    Subjecting to federal regulation the voluntary efforts of 
members of the general public to communicate their own views 
cuts to the core of the freedom of speech that has made this 
country the most vibrant, creative, and free nation on Earth. 
It has always cost money to organize large numbers of people. 
That a private organization might get paid to simply facilitate 
organizing large numbers of citizens behind a common cause, 
freely agreed to, should not be subject to speech-chilling 
regulations.
    Of course, grassroots communications are not ``lobbying'' 
at all, and the Supreme Court has said exactly that. In Rumely 
v. United States, the Supreme Court interpreted a Congressional 
resolution regarding lobbying as not including paid efforts to 
influence the general public because the Court said 
interpreting the resolution in that manner would cause ``a 
serious constitutional doubt'' \5\ about the legislation's 
validity. The Court explained that any other interpretation of 
the resolution would ``raise[] doubts of constitutionality in 
view of the prohibition of the First Amendment.'' \6\ The Court 
approvingly noted the decision of the appeals court, which had 
clearly laid out the constitutional dangers created by lumping 
grassroots communications into the definition of ``lobbying:''
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    \5\ Rumely v. United States, 345 U.S. 41, 47 (1953) (emphasis 
added).
    \6\ Id. at 46.

        It is said that lobbying itself is an evil and a 
        danger. We agree that lobbying by personal contact may 
        be an evil and a potential danger to the best in 
        legislative processes. It is said that indirect 
        lobbying by the pressure of public opinion on the 
        Congress is an evil and a danger. That is not an evil; 
        it is a good, the healthy essence of the democratic 
        process. It is said that the financing of extensive 
        efforts to influence public opinion is an evil and a 
        danger. As to that, generalities are inaccurate . . . 
        [T]he case before us concerns . . . the formation of 
        public opinion through the processes of information and 
        persuasion. There is no evil or danger in that 
        process.\7\
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    \7\ Rumely v. United States, 197 F.2d 166, 174 (D.C. Cir. 1952).

    Any regulation of grassroots communications would regulate 
the formation of public opinion through the processes of 
persuasion, and would therefore be unconstitutional.
    In United States v. Harriss, the Supreme Court dealt with a 
lobbying regulation that applied to all those who ``influence, 
directly or indirectly, the passage or defeat of any 
legislation by the Congress of the United States.'' \8\ The 
regulations imposed upon individuals and organizations in that 
case were very similar to Democrats' efforts to regulate 
grassroots communications today. The Supreme Court, however, 
interpreted the regulation to only apply to direct contact with 
Congress. The Court upheld the regulation by construing it ``to 
refer only to `lobbying in its commonly accepted sense'--to 
direct communication with members of Congress on pending or 
proposed federal legislation,'' \9\ even though on its face the 
regulations would have extended to the same so-called 
``grassroots'' communications Democrats want to regulate today.
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    \8\ 347 U.S. 612, 615 (1954).
    \9\ Id. at 620. The Court stated that it was ``construing the act 
narrowly to avoid constitutional doubts.'' Id. at 623.
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    The Congressional Research Service confirmed this analysis 
in 1986, when it prepared a report for the Senate Subcommittee 
on Intergovernmental Relations of the Committee on Governmental 
Affairs. CRS wrote in that report that:

        The Court's ruling, in U.S. v. Harriss followed the 
        reasoning in Rumely and interpreted the [Lobby] Act 
        narrowly. Thus today, the Court's interpretation 
        applies the law only to individuals and groups who 
        collect or receive money for the principal purpose of 
        influencing legislation through direct contacts with 
        Members of Congress . . . Since only direct contacts 
        with Members--lobbying in its commonly accepted sense, 
        in the Court's determination--are covered, the Lobby 
        Act exempts contacts between lobbyists and 
        congressional staff, and grass-roots lobbying.\10\
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    \10\ ``Congress and Pressure Groups: Lobbying in a Modern 
Democracy: A Report Prepared for the Subcommittee on Intergovernmental 
Relations of the Committee on Governmental Affairs, United States 
Senate, by the Congressional Research Service (S. Prt. 99-161) (June 
1986) at 45.

    Further, a major treatise on federal lobbying law concluded 
that ``In the Harriss decision, the Supreme Court repeatedly 
noted that the Act applies only to `direct communication with 
members of Congress.' With that single phrase, the Supreme 
Court seemingly excluded from the Act indirect communications, 
such as . . . grassroots lobbying, and general communications 
and publicity.'' \11\
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    \11\ Federal Lobbying (Jerald A. Jacobs, ed.) (BNA Books 1989) at 
6.
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    When the Supreme Court held that the lobbying legislation 
considered in the Harriss case could be applied only to direct 
contact with federal officials and not to organizations 
facilitating grassroots communications, it reasoned that 
``[o]therwise the voice of the people may all too easily be 
drowned out by the voice of special interest groups . . .'' 
\12\ But that is precisely what the Meehan amendment would have 
done if enacted, namely drown out the voice of the people with 
the voices of special interest groups.
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    \12\ Id. at 625.
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    What many describe falsely and pejoratively as ``grassroots 
lobbying'' is simply the encouragement of the general public to 
contact lawmakers about issues of general concern. It is the 
facilitation of grassroots communications between citizens and 
Members of Congress. Consequently, what the amendment seeks to 
regulate and deter are activities that actually strengthen 
robust communications between average citizens and Members of 
Congress, through such things as phone calls and constituent 
letters. That sort of healthy citizen-to-Member communication 
actually weakens the relative strength of direct interactions 
between paid lobbyists and Members of Congress, which is 
precisely what should be the goal of any ``lobbying reform'' 
legislation. The Meehan amendment, if adopted, would have 
gutted the underlying lobbying reform bill by including in it 
provisions that will actually increase the influence of special 
interests lobbyists who meet personally with Members of 
Congress and weaken the influence of average citizens at home.
    Even worse, the amendment's grassroots communications 
regulations exempt corporations, labor unions, and large, 
wealthy membership organizations, when they communicate with 
shareholders, officers, employees, or members. So at the same 
time the Meehan amendment would weaken the influence of average 
citizens and increases the influence of registered lobbyists, 
it would further weaken the influence of average citizens by 
proportionately increasing the influence of large corporations, 
labor unions, and large membership organizations.
    The Supreme Court has generally allowed limits on financial 
contributions to political candidates if Congress does so to 
limit ``corruption.'' In McConnell v. FEC,\13\ the Court 
stated, ``Our treatment of contribution restrictions . . . 
reflects the importance of the interests that underlie 
contribution limits--interests in preventing both the actual 
corruption threatened by large financial contributions and the 
eroding of public confidence in the electoral process through 
the appearance of corruption.''
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    \13\ 540 U.S. 93, 136 (2003).
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    The Supreme Court has already held that the First Amendment 
protects anonymous political activity. Indeed, the NAACP led 
the charge in the Supreme Court during the civil rights era, a 
charge that resulted in the decision of NAACP v. Alabama.\14\ 
That decision held that the First Amendment freedom of 
association bars compelled disclosure of membership lists. For 
obvious reasons, the NAACP did not want Alabama to be able to 
use this information against them to suppress the civil rights 
movement. As Justice Stevens stated for the Supreme Court in 
McIntyre v. Ohio Elections Commission, ``Anonymity is a shield 
from the tyranny of the majority [that] exemplifies the purpose 
behind the Bill of Rights and of the First Amendment in 
particular: to protect unpopular individuals from retaliation--
and their ideas from suppression.'' \15\
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    \14\ 357 U.S. 449 (1958).
    \15\ 514 U.S. 334, 357 (1995).
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    These are not abstract principles. The Federalist Papers 
are the seminal essays written by James Madison and Alexander 
Hamilton defending the ratification of the Constitution we live 
under today. The Federalist Papers were written anonymously 
precisely because Madison and Hamilton wanted to make readers 
focus on their arguments, not on their personalities. Madison 
and Hamilton, and many of our other Founding Fathers, routinely 
wrote under anonymous pen names precisely because they wanted 
people to focus on what they were saying, not on the source of 
what they were saying, and in that way to encourage many other 
private citizens to petition their government.

                                   Lamar Smith.
                                   Howard Coble.
                                   Chris Cannon.