[DOCID: f:hr161p1.110]
From the House Reports Online via GPO Access
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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:
<bullet> Lduring the last 6 years, 49 out of the top 50
lobbying firms have failed to file one or more of the
required forms;
<bullet> Lnearly 14,000 documents that should have been
filed are missing;
<bullet> Lalmost 300 individuals, companies, or
associates have lobbied without being registered;
<bullet> Lmore than 2,000 initial registrations were
filed after the legal deadline; and
<bullet> 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:
<bullet> LElectronic filing of lobbyist registrations
and disclosure reports filed with the Secretary of the
Senate or the Clerk of the House of Representatives;
<bullet> LQuarterly, instead of semiannual, filing of
lobbying disclosure reports; and
<bullet> 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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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:''
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\11\ Federal Lobbying (Jerald A. Jacobs, ed.) (BNA Books 1989) at
6.
---------------------------------------------------------------------------
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.
<all>