H.R.4682 - Honest Leadership and Open Government Act
109th CONGRESS
2d Session
H. R. 4682
To provide more rigorous requirements with respect to disclosure and enforcement of ethics and lobbying laws and regulations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 1, 2006
Ms. PELOSI (for herself, Mr. HOYER, Mr. CLYBURN, Mr. GEORGE MILLER of California, Ms. DELAURO, Mr. EMANUEL, Mr. DINGELL, Mr. CONYERS, Mr. OBEY, Mr. RANGEL, Mr. WAXMAN, Mr. SKELTON, Mr. FRANK of Massachusetts, Mr. LANTOS, Mr. BERMAN, Mr. SPRATT, Ms. SLAUGHTER, Mr. EVANS, Mr. PETERSON of Minnesota, Ms. MILLENDER-MCDONALD, Ms. HARMAN, Mr. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, Mr. BACA, Mr. BAIRD, Ms. BALDWIN, Mr. BARROW, Ms. BEAN, Mr. BECERRA, Ms. BERKLEY, Mr. BERRY, Mr. BISHOP of New York, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BORDALLO, Mr. BOSWELL, Mr. BROWN of Ohio, Mr. BUTTERFIELD, Mrs. CAPPS, Mr. CARDIN, Mr. CARNAHAN, Ms. CARSON, Mr. CASE, Mr. CHANDLER, Mr. CLAY, Mr. CLEAVER, Mr. COOPER, Mr. CROWLEY, Mr. CUELLAR, Mr. CUMMINGS, Mr. DAVIS of Alabama, Mrs. DAVIS of California, Mr. DAVIS of Florida, Mr. DAVIS of Illinois, Mr. DAVIS of Tennessee, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Mr. DICKS, Mr. DOGGETT, Mr. EDWARDS, Mr. ETHERIDGE, Ms. ESHOO, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FATTAH, Mr. FILNER, Mr. FORD, Mr. GONZALEZ, Mr. GORDON, Mr. AL GREEN of Texas, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HASTINGS of Florida, Ms. HERSETH, Mr. HIGGINS, Mr. HINCHEY, Mr. HINOJOSA, Mr. HONDA, Mr. HOLT, Ms. HOOLEY, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of Rhode Island, Mr. KILDEE, Mr. KIND, Mr. KUCINICH, Mr. LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. LEE, Mr. LEVIN, Mr. LEWIS of Georgia, Mr. LIPINSKI, Ms. ZOE LOFGREN of California, Mrs. LOWEY, Mr. LYNCH, Mrs. MCCARTHY, Ms. MCCOLLUM of Minnesota, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mrs. MALONEY, Mr. MARKEY, Ms. MATSUI, Mr. MEEHAN, Mr. MEEK of Florida, Mr. MELANCON, Mr. MICHAUD, Mr. MILLER of North Carolina, Mr. MOORE of Kansas, Mr. MORAN of Virginia, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. OLVER, Mr. ORTIZ, Mr. OWENS, Mr. PALLONE, Mr. PASCRELL, Mr. POMEROY, Mr. PRICE of North Carolina, Mr. REYES, Mr. ROSS, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RYAN of Ohio, Mr. SALAZAR, Ms. LINDA T. SANCHEZ of California, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCOTT of Georgia, Mr. SCOTT of Virginia, Ms. SCHWARTZ of Pennsylvania, Mr. SHERMAN, Mr. SMITH of Washington, Ms. SOLIS, Mr. STARK, Mr. STRICKLAND, Mrs. TAUSCHER, Mr. TAYLOR of Mississippi, Mr. THOMPSON of California, Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Mr. VISCLOSKY, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. WEINER, Mr. WEXLER, Ms. WOOLSEY, and Mr. WU) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Rules, Government Reform, Standards of Official Conduct, Armed Services, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide more rigorous requirements with respect to disclosure and enforcement of ethics and lobbying laws and regulations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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 2006'.
(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. Extension of lobbying ban for former Members and employees of Congress and executive branch officials.
Sec. 102. Elimination of floor privileges and access to Members exercise facilities for former Member lobbyists.
Sec. 103. Disclosure by Members of Congress and senior congressional staff of employment negotiations.
Sec. 104. Ethics review of employment negotiations by executive branch officials.
Sec. 105. Wrongfully influencing a private entity's employment decisions or practices.
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. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 205. Disclosure of lobbying activities by certain coalitions and associations.
Sec. 206. Disclosure by registered lobbyists of past executive and congressional employment.
Sec. 207. Public database of lobbying disclosure information.
Sec. 208. Conforming amendment.
TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS
Sec. 301. Ban on gifts from lobbyists.
Sec. 302. Prohibition on privately funded travel.
Sec. 303. Prohibiting lobbyist organization and participation in congressional travel.
Sec. 304. Reimbursement and disclosure of noncommercial travel.
Sec. 305. Per diem expenses for congressional travel.
TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS
Sec. 401. Office of public integrity.
Sec. 402. Increased civil and criminal penalties for failure to comply with lobbying disclosure requirements.
Sec. 403. Penalty for false certification in connection with congressional travel.
Sec. 404. Mandatory annual ethics training for House employees.
TITLE V--OPEN GOVERNMENT
Sec. 501. Fiscal responsibility.
Sec. 502. Curbing abuses of power.
Sec. 503. Ending 2-day work weeks.
Sec. 504. Knowing what the House is voting on.
Sec. 505. Full and open debate in conference.
TITLE VI--ANTI-CRONYISM AND PUBLIC SAFETY
Sec. 601. Minimum requirements for political appointees holding public safety positions.
Sec. 602. Effective date.
TITLE VII--ZERO TOLERANCE FOR CONTRACT CHEATERS
Sec. 701. Public availability of Federal contract awards.
Sec. 702. Prohibition on award of monopoly contracts.
Sec. 703. Competition in multiple award contracts.
Sec. 704. Suspension and debarment of unethical contractors.
Sec. 705. Criminal sanctions for cheating taxpayers and wartime fraud.
Sec. 706. Prohibition on contractor conflicts of interest.
Sec. 707. Disclosure of Government contractor overcharges.
Sec. 708. Penalties for improper sole-source contracting procedures.
Sec. 709. Stopping the revolving door.
TITLE VIII--PRESIDENTIAL LIBRARIES
Sec. 801. Presidential libraries.
TITLE I--CLOSING THE REVOLVING DOOR
SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER MEMBERS AND EMPLOYEES OF CONGRESS AND EXECUTIVE BRANCH OFFICIALS.
Section 207 of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking `One-year' and inserting `Two-year';
(B) in paragraph (1), by striking `1 year' and inserting `2 years' in both places it appears; and
(C) in paragraph (2)(B), by striking `1-year period' and inserting `2-year period;'
(2) in subsection (d)--
(A) in paragraph (1), by striking `1 year' and inserting `2 years'; and
(B) in paragraph (2)(A), by striking `1 year' and inserting `2 years'; and
(3) in subsection (e)--
(A) in paragraph (1)(A), by striking `1 year' and inserting `2 years';
(B) in paragraph (2)(A), by striking `1 year' and inserting `2 years';
(C) in paragraph (3), by striking `1 year' and inserting `2 years';
(D) in paragraph (4), by striking `1 year' and inserting `2 years';
(E) in paragraph (5)(A), by striking `1 year' and inserting `2 years'; and
(F) in paragraph (6), by striking `1-year period' and inserting `2-year period'.
SEC. 102. ELIMINATION OF FLOOR PRIVILEGES AND ACCESS TO MEMBERS EXERCISE FACILITIES FOR FORMER MEMBER LOBBYISTS.
(a) FLOOR PRIVILEGES- (1) Clause 4 of rule IV of the Rules of the House of Representatives is amended to read as follows:
`4. (a) A former Member, Delegate, or Resident Commissioner; a former Parliamentarian of the House; or a former elected officer of the House or former minority employee nominated as an elected officer of the House; or a head of a department shall not be entitled to the privilege of admission to the Hall of the House and rooms leading thereto if he or she--
`(1) is a registered lobbyist or agent of a foreign principal as those terms are defined in clause 5 of rule XXV;
`(2) has any direct personal or pecuniary interest in any legislative measure pending before the House or reported by a committee; or
`(3) is in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any legislative proposal.
`(b) The Speaker may promulgate regulations that exempt ceremonial or educational functions from the restrictions of this clause.'.
(2) Clause 2(a)(12) of rule IV of the Rules of the House of Representatives is amended by inserting `(subject to clause 4)' before the period.
(b) EXERCISE FACILITIES- (1) The House of Representatives may not provide access to any exercise facility which is made available exclusively to Members and former Members of the House of Representatives to any former Member who is a lobbyist registered under the Lobbying Disclosure Act of 1995 or any successor statute. For purposes of this section, the term `Member of the House of Representatives' includes a Delegate or Resident Commissioner to the Congress.
(2) The Committee on House Administration shall promulgate regulations to carry out this section.
SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND SENIOR CONGRESSIONAL STAFF OF EMPLOYMENT NEGOTIATIONS.
Rule XXIII of the Rules of the House of Representatives is amended by redesignating clause 14 as clause 15 and by adding at the end the following new clause:
`14. (a) A Member, Delegate, Resident Commissioner, officer, or employee of the House covered by the post employment restriction provisions of title 18, United States Code, shall notify the Committee on Standards of Official Conduct that he or she is negotiating or has any arrangement concerning prospective private employment if a conflict of interest or the appearance of a conflict of interest may exist.
`(b) The disclosure and notification under subparagraph (a) shall be made within 3 business days after the commencement of such negotiation or arrangement.
`(c) A Member or employee to whom this rule applies shall recuse himself or herself from any matter in which there is a conflict of interest for that Member or employee under this rule and notify the Committee on Standards of Official Conduct of such recusal.
`(d)(1) The Committee on Standards of Official Conduct shall develop guidelines concerning conduct which is covered by this paragraph.
`(2) The Committee on Standards of Official Conduct shall maintain a current public record of all notifications received under subparagraph (a) and of all recusals under subparagraph (c).'.
SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS BY EXECUTIVE BRANCH OFFICIALS.
Section 208 of title 18, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by inserting after `the Government official responsible for appointment to his or her position' the following: `and the Office of Government Ethics'; and
(B) by striking `a written determination made by such official' and inserting `a written determination made by the Office of Government Ethics, after consultation with such official,'; and
(2) in subsection (b)(3), by striking `the official responsible for the employee's appointment, after review of' and inserting `the Office of Government Ethics, after consultation with the official responsible for the employee's appointment and after review of'; and
(3) in subsection (d)(1)--
(A) by striking `Upon request' and all that follows through `Ethics in Government Act of 1978.' and inserting `In each case in which the Office of Government Ethics makes a determination granting an exemption under subsection (b)(1) or (b)(3) to a person, the Office shall, not later than 3 business days after making such determination, make available to the public pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978, and publish in the Federal Register, such determination and the materials submitted by such person in requesting such exemption.'; and
(B) by striking `the agency may withhold' and inserting `the Office of Government Ethics may withhold'.
SEC. 105. 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. 226. 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 226 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 226 of title 18, United States Code, was already a criminal or civil offense prior to the enactment of this Act, including sections 201(b), 201(c), and 216 of title 18, United States Code.
(c) Chapter Analysis- The chapter analysis for chapter 11 of title 18, United States Code, is amended by adding at the end the following:
`226. Wrongfully influencing a private entity's employment decisions by a Member of Congress.'.
(d) House Rules- Rule XXIII of the Rules of the House (as amended by section 103) is further amended by redesignating clause 15 as clause 16, and by inserting after clause 14 the following new clause:
`15. No Member, Delegate, or Resident Commissioner shall, with the intent to influence on the basis of partisan political affiliation an employment decision or employment practice of any private entity--
`(1) take or withhold, or offer or threaten to take or withhold, an official act; or
`(2) influence, or offer or threaten to influence, the official act of another.'.
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 days of January, April, July, and October of each year'; and
(C) by striking `such semiannual period' and insert `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 `three-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-
(A) Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended--
(i) in subsection (a)(3)(A)(i), by striking `$5,000' and inserting `$2,500';
(ii) in subsection (a)(3)(A)(ii), by striking `$20,000' and inserting `$10,000';
(iii) in subsection (b)(3)(A), by striking `$10,000' and inserting `$5,000'; and
(iv) in subsection (b)(4), by striking `$10,000' and inserting `$5,000'.
(B) Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
(i) in subsection (c)(1), by striking `$10,000' and `$20,000' and inserting `$5,000' and `$10,000', respectively; and
(ii) in subsection (c)(2), by striking `$10,000' both places such term appears and inserting `$5,000'.
SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
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. The Secretary of the Senate and the Clerk of the House of Representatives shall provide for public access to such reports on the Internet.'.
SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.
(a) Disclosure of Contributions and Payments- Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (5), as added by section 204(c), by striking the period and inserting a semicolon; and
(2) by adding at the end the following:
`(6) for each registrant (and for any political committee, as defined in section 301(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)), affiliated with such registrant) and for each employee listed as a lobbyist by a registrant under paragraph 2(C)--
`(A) the name of each Federal candidate or officeholder, leadership PAC, or political party committee, to whom a contribution was made, and the amount of such contribution; and
`(B) the name of each Federal candidate or officeholder, or a leadership PAC of such candidate or officeholder, or political party committee for whom a fundraising event was hosted, cohosted, or otherwise sponsored, the date and location of the event, and the total amount raised by the event;
`(7) a certification that the lobbying firm or registrant has not provided, requested, or directed a gift, including travel, to a Member or employee of Congress in violation of clause 5 of rule XXV of the Rules of the House of Representatives;
`(8) the date, recipient, and amount of funds contributed or disbursed by, or arranged by, a registrant or employee listed as a lobbyist--
`(A) to pay the costs of an event to honor or recognize a covered legislative branch official or covered executive branch official;
`(B) to, or on behalf of, an entity that is named for a covered legislative branch official or covered executive branch official, or to a person or entity in recognition of such official;
`(C) 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
`(D) 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;
except that this paragraph shall not apply to any payment or reimbursement made from funds required to be reported under section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434); and
`(9) the name of each Member of Congress contacted by lobbyists employed by the registrant on behalf of the client.'.
(b) Leadership PAC- Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended by adding at the end the following:
`(17) LEADERSHIP PAC- The term `leadership PAC' means an unauthorized multicandidate political committee that is established, financed, maintained, and controlled by an individual who is a Federal officeholder or a candidate for Federal office.'.
(c) Full and Detailed Accounting- Section 5(c)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(c)(1)) is amended by striking `shall be rounded to the nearest $20,000' and inserting `shall be rounded to the nearest $1,000'.
(d) NOTIFICATION OF MEMBERS- Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended in paragraph (2) by striking `review, and, where necessary' and inserting `review and--
`(A) if a report states (under section 5(b)(9) or otherwise) that a Member of Congress was contacted, immediately notify that Member of that report; and
`(B) where necessary,'.
SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.
(a) Disclosure of Paid Efforts to Stimulate Grassroots Lobbying- Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended--
(1) in paragraph (7), by adding at the end the following: `Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying.'; and
(2) by adding at the end the following:
`(18) GRASSROOTS LOBBYING- The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same.
`(19) PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING- The term `paid efforts to stimulate grassroots lobbying'--
`(A) means any paid attempt to influence the general public, or segments thereof, to engage in grassroots lobbying or lobbying contacts; and
`(B) does not include any attempt described in subparagraph (A) by a person or entity directed to its members, employees, officers or shareholders, unless such attempt is financed with funds directly or indirectly received from or arranged by a lobbyist or other registrant under this Act retained by another person or entity.
`(20) GRASSROOTS LOBBYING FIRM- The term `grassroots lobbying firm' means a person or entity that--
`(A) is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; and
`(B) receives income of, or spends or agrees to spend, an aggregate of $50,000 or more for such efforts in any quarterly period.'.
(b) Registration- Section 4(a) of the Act (2 U.S.C. 1603(a)) is amended--
(1) in paragraph (1), by striking `45' and inserting `20';
(2) in the flush matter at the end of paragraph (3)(A)--
(A) by striking `as estimated' and inserting `as included'; and
(B) by adding at the end the following: `For purposes of clauses (i) and (ii) the term `lobbying activities' shall not include paid efforts to stimulate grassroots lobbying.';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
`(3) GRASSROOTS LOBBYING FIRMS- Not later than 20 days after a grassroots lobbying firm first is retained by a client to engage in paid efforts to stimulate grassroots lobbying, such grassroots lobbying firm shall register with the Secretary of the Senate and the Clerk of the House of Representatives.'.
(c) Separate Itemization of Paid Efforts to Stimulate Grassroots Lobbying- Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (3), by--
(A) inserting after `total amount of all income' the following: `(including a separate good faith estimate of the total amount relating specifically to paid efforts to stimulate grassroots lobbying and, within that amount, a good faith estimate of the total amount specifically relating to paid advertising)'; and
(B) striking `and' after the semicolon;
(2) in paragraph (4), by--
(A) inserting after `total expenses' the following: `(including a good faith estimate of the total amount relating specifically to paid efforts to stimulate grassroots lobbying and, within that total amount, a good faith estimate of the total amount specifically relating to paid advertising)'; and
(B) striking the period and inserting a semicolon;
(3) by adding at the end the following:
`(5) in the case of a grassroots lobbying firm, for each client--
`(A) a good faith estimate of the total disbursements made for grassroots lobbying activities, and a subtotal for disbursements made for grassroots lobbying through paid advertising;
`(B) identification of each person or entity other than an employee who received a disbursement of funds for grassroots lobbying activities of $10,000 or more during the period and the total amount each person or entity received; and
`(C) if such disbursements are made through a person or entity who serves as an intermediary or conduit, identification of each such intermediary or conduit, identification of the person or entity who receives the funds, and the total amount each such person or entity received.'; and
(4) by adding at the end the following:
`Subparagraphs (B) and (C) of paragraph (2) shall not apply with respect to reports relating to paid efforts to stimulate grassroots lobbying activities.'.
(d) Large Grassroots Expenditure- Section 5(a) of the Act (2 U.S.C. 1604(a)) is amended--
(1) by striking `No later' and inserting:
`(1) IN GENERAL- Except as provided in paragraph (2), not later'; and
(2) by adding at the end the following:
`(2) LARGE GRASSROOTS EXPENDITURE- A registrant that is a grassroots lobbying firm and that receives income of, or spends or agrees to spend, an aggregate amount of $250,000 or more on paid efforts to stimulate grassroots lobbying for a client, or for a group of clients for a joint effort, shall file--
`(A) a report under this section not later than 20 days after receiving, spending, or agreeing to spend that amount; and
`(B) an additional report not later than 20 days after each time such registrant receives income of, or spends or agrees to spend, an aggregate amount of $250,000 or more on paid efforts to stimulate grassroots lobbying for a client, or for a group of clients for a joint effort.'.
SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND ASSOCIATIONS.
(a) In General- 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) and (iii), 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 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-
`(I) IN GENERAL- 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 per any quarterly period.
`(II) EXCEPTION- Subclause (I) shall not apply with respect to any member who unexpectedly makes aggregate contributions of more than $500 in any quarterly period, and the date the aggregate of such contributions first exceeds $500 in such period shall be treated as the date of first employment or retention to make a lobbying contact for purposes of section 4.
`(III) NO DONOR OR MEMBERSHIP LIST DISCLOSURE- No disclosure is required under this Act if it is publicly available knowledge that the organization that would be identified is affiliated with the client or has been publicly disclosed to have provided funding to the client, unless the organization in whole or in major part plans, supervises or controls such lobbying activities. Nothing in this paragraph 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 paragraph.'.
`(iv) LOOK-THRU RULES- In the case of a coalition or association which is treated as a client under the first sentence of clause (i)--
`(I) such coalition or association shall be treated as employing or retaining other persons to conduct lobbying activities for purposes of determining whether any individual member thereof is treated as a client under clause (i), and
`(II) information on such coalition or association need not be included in any registration under section 4 of the coalition or association with respect to which it is treated as a client under clause (i).'.
(b) Effective Date-
(1) IN GENERAL- The amendments made by this section shall apply to--
(A) coalitions and associations listed on registration statements filed under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) after the date of the enactment of this Act, and
(B) coalitions and associations for whom any lobbying contact is made after the date of the enactment of this Act.
(2) SPECIAL RULE- In the case of any coalition or association to which the amendments made by this Act apply by reason of paragraph (1)(B), the person required by such section 4 to file a registration statement with respect to such coalition or association shall file a new registration statement within 30 days after the date of the enactment of this Act.
SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE 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. 207. PUBLIC DATABASE OF LOBBYING DISCLOSURE 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 `; and'; and
(3) by adding at the end the following new paragraph:
`(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).'.
(b) Availability of Reports- Section 6 of such Act is further amended in paragraph (4) 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), shall make such report available for public inspection over the Internet not more than 48 hours after the report is so filed'.
(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 such Act, as added by subsection (a).
SEC. 208. CONFORMING AMENDMENT.
The requirements of this Act shall not apply to the activities of any political committee described in section 301(4) of the Federal Election Campaign Act of 1971.
TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS
SEC. 301. BAN ON GIFTS FROM LOBBYISTS.
(a) In General- Clause 5(a)(1)(A) of rule XXV of the Rules of the House of Representatives is amended by inserting `(i)' after `(A)' and adding at the end the following:
`(ii) A Member, Delegate, Resident Commissioner, officer, or employee of the House may not knowingly accept a gift from a registered lobbyist or agent of a foreign principal or from a nongovernmental organization that retains or employs registered lobbyists or agents of a foreign principal except as provided in subparagraphs (2)(B) or (3) of this paragraph.'.
(b) Rules Committee Review- The Committee on Rules shall review the present exceptions to the House gift rule and make recommendations to the House not later than 3 months after the date of enactment of this Act on eliminating all but those which are absolutely necessary to effectuate the purpose of the rule.
SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL.
Clause 5(b)(1)(A) of rule XXV of the Rules of the House of Representatives is amended by inserting `or from a nongovernmental organization that retains or employs registered lobbyists or agents of a foreign principal' after `foreign principal'.
SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION IN CONGRESSIONAL TRAVEL.
(a) In General- Clause 5 of rule XXV of the Rules of the House of Representatives is amended by redesignating paragraphs (e) and (f) as paragraphs (g) and (h), respectively, and by inserting after paragraph (d) the following:
`(e) A Member, Delegate, Resident Commissioner, officer, or employee of the House may not accept transportation or lodging on any trip that is planned, organized, requested, arranged, or financed in whole or in part by a lobbyist or agent of a foreign principal, or in which a lobbyist participates.
`(f) Before a Member, Delegate, Resident Commissioner, officer, or employee of the House may accept transportation or lodging otherwise permissible under this paragraph from any person, such individual shall obtain 30 days before such trip a written certification from such person (and provide a copy of such certification to the Committee on Standards of Official Conduct) that--
`(1) the trip was not planned, organized, requested, arranged, or financed in whole, or in part by a registered lobbyist or agent of a foreign principal and was not organized at the request of a registered lobbyist or agent of a foreign principal;
`(2) registered lobbyists will not participate in or attend the trip; and
`(3) the person did not accept, from any source, funds specifically earmarked for the purpose of financing the travel expenses.
The Committee on Standards of Official Conduct shall make public information received under this paragraph as soon as possible after it is received.'.
(b) Conforming Amendments- Clause 5(b)(3) of rule XXV of the Rules of the House of Representatives is amended--
(1) by striking `of expenses reimbursed or to be reimbursed';
(2) in subdivision (E), by striking `and' after the semicolon;
(3) in subdivision (F), by striking the period and inserting `; and'; and
(4) by adding at the end the following:
`(G) a description of meetings and events attended during such travel, except when disclosure of such information is deemed by the Member or supervisor under whose direct supervision the employee works to jeopardize the safety of an individual or otherwise interfere with the official duties of the Member, Delegate, Resident Commissioner, officer, or employee.'.
(c) Public Availability- Subparagraph (5) of rule XXV of the Rules of the House of Representatives is amended to read as follows:
`(e) The Clerk of the House shall make available to the public all advance authorizations, certifications, and disclosures filed pursuant to subparagraphs (1) and subparagraph (3)(H) as soon as possible after they are received.'.
SEC. 304. REIMBURSEMENT AND DISCLOSURE OF NONCOMMERCIAL TRAVEL.
(a) MARKET VALUE- Clause 5(a)(3) of rule XXV of the Rules of the House of Representatives is amended by inserting `(i)' after `(A)' and by adding at the end the following:
`(ii) Market value for a flight on an airplane that is not licensed by the Federal Aviation Administration to operate for compensation or hire, taken in connection with the official duties of a Member, Delegate, Resident Commissioner, officer, or employee, shall be the fair market value of a charter flight. The Committee on Standards of Official Conduct shall make public information received under this item as soon as possible after it is received.'.
(b) DISCLOSURE- Clause 5 of rule XXV of the Rules of the House of Representatives is amended by adding at the end the following:
`(g) A Member, Delegate, Resident Commissioner, officer, or employee of the House who takes a flight described in paragraph (a)(3)(A)(ii) shall, with respect to the flight, cause to be published in the Congressional Record within 10 days after the flight--
`(1) the name of the owner or lessee of the aircraft;
`(2) the date of the flight;
`(3) the destination of the flight;
`(4) who else was on the flight, other than those operating the plane;
`(5) the purpose of the trip; and
`(6) the reason that a commercial airline was not used.'.
SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAVEL.
Rule XXV of the Rules of the House of Representatives (as amended by section 304(b) is further amended by adding at the end the following:
`(h) Not later than 90 days after the date of adoption of this paragraph and at annual intervals thereafter, the Committee on House Administration shall develop and revise, as necessary, guidelines on what constitutes `reasonable expenses' or `reasonable expenditures' for purposes of this rule. In developing and revising the guidelines, the committee shall take into account the maximum per diem rates for official Government travel published annually by the General Services Administration, the Department of State, and the Department of Defense.'.
TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS
SEC. 401. OFFICE OF PUBLIC INTEGRITY.
(a) Establishment- There is established within the Office of Inspector General of the House of Representatives an office to be known as the `Office of Public Integrity' (referred to in this section as the `Office'), which shall be headed by a Director of Public Integrity (hereinafter referred to as the `Director').
(b) Office- The Office shall have access to all lobbyists' disclosure information received by the Clerk under the Lobbying Disclosure Act of 1995 and conduct such audits and investigations as are necessary to ensure compliance with the Act.
(c) Referral Authority- The Office shall have authority to refer violations of the Lobbying Disclosure Act of 1995 to the Committee on Standards of Official Conduct and the Department of Justice for disciplinary action, as appropriate.
(d) Director-
(1) IN GENERAL- The Director shall be appointed by the Inspector General of the House. Any appointment made under this subsection shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Director shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment.
(2) STAFF- The Director shall hire such additional staff as are required to carry out this section, including investigators and accountants.
(e) Audits and Investigations-
(1) IN GENERAL- The Office shall audit lobbying registrations and reports filed pursuant to the Lobbying Disclosure Act of 1995 to determine the extent of compliance or non-compliance with the requirements of such Act by lobbyists and their clients.
(2) EVIDENCE OF NON-COMPLIANCE- If in the course an audit conducted pursuant to the requirements of paragraph (1), the Office obtains information indicating that a person or entity may be in non-compliance with the requirements of the Lobbying Disclosure Act of 1995, the Office shall refer the matter to the United States Attorney for the District of Columbia.
(f) Conforming Amendment- Section 8 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607) is amended by striking subsection (c).
(g) Authorization of Appropriations- There are authorized to be appropriated in a separate account such sums as are necessary to carry out this section.
SEC. 402. 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 inserting ` (a) CIVIL PENALTY- ' before `Whoever';
(2) by striking `$50,000' and inserting `$100,000'; and
(3) by adding at the end the following:
`(b) Criminal Penalty-
`(1) IN GENERAL- Whoever knowingly and wilfully fails to comply with any provision of this section shall be imprisoned for not more than 5 years, or fined under title 18, United States Code, or both.
`(2) CORRUPTLY- Whoever knowingly, wilfully, and corruptly fails to comply with any provision of this section shall be imprisoned for not more than 10 years, or fined under title 18, United States Code, or both.'.
SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNECTION WITH CONGRESSIONAL TRAVEL.
(a) Civil Fine-
(1) IN GENERAL- Whoever makes a false certification in connection with the travel of a Member, officer, or employee of either House of Congress (within the meaning given those terms in section 207 of title 18, United States Code), under clause 5 of rule XXV of the Rules of the House of Representatives, shall, upon proof of such offense by a preponderance of the evidence, be subject to a civil fine depending on the extent and gravity of the violation.
(2) MAXIMUM FINE- The maximum fine per offense under this section depends on the number of separate trips in connection with which the person committed an offense under this subsection, as follows:
(A) FIRST TRIP- For each offense committed in connection with the first such trip, the amount of the fine shall be not more than $100,000 per offense.
(B) SECOND TRIP- For each offense committed in connection with the second such trip, the amount of the fine shall be not more than $300,000 per offense.
(C) ANY OTHER TRIPS- For each offense committed in connection with any such trip after the second, the amount of the fine shall be not more than $500,000 per offense.
(3) ENFORCEMENT- The Attorney General may bring an action in United States district court to enforce this subsection.
(b) Criminal Penalty-
(1) IN GENERAL- Whoever knowingly and wilfully fails to comply with any provision of this section shall be imprisoned for not more than 5 years, or fined under title 18, United States Code, or both.
(2) CORRUPTLY- Whoever knowingly, wilfully, and corruptly fails to comply with any provision of this section shall be imprisoned for not more than 10 years, or fined under title 18, United States Code, or both.
SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR HOUSE EMPLOYEES.
(a) Ethics Training-
(1) IN GENERAL- The Committee on Standards of Official Conduct shall provide annual ethics training to each employee of the House which shall include knowledge of the Official Code of Conduct and related House rules.
(2) NEW EMPLOYEES- A new employee of the House shall receive training under this section not later than 60 days after beginning service to the House.
(b) Certification- Not later than January 31 of each year, each employee of the House shall file a certification with the Committee on Standards of Official Conduct that the employee attended ethics training in the last year as established by this section.
TITLE V--OPEN GOVERNMENT
SEC. 501. FISCAL RESPONSIBILITY.
(a) RECONCILIATION- Clause 10 of rule XVIII of the Rules of the House of Representatives is amended by adding at the end the following new paragraph:
`(d) It shall not be in order to consider any reconciliation legislation which has the net effect of reducing the surplus or increasing the deficit compared to the most recent Congressional Budget Office estimate for any fiscal year.'.
(b) APPLICATION OF POINTS OF ORDER UNDER CONGRESSIONAL BUDGET ACT TO ALL BILLS AND JOINT RESOLUTIONS CONSIDERED UNDER SPECIAL ORDERS OF BUSINESS- Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause:
`7. For purposes of applying section 315 of the Congressional Budget and Impoundment Control Act of 1974, the term `as reported' under such section shall be considered to include any bill or joint resolution considered in the House pursuant to a special order of business.'.
SEC. 502. CURBING ABUSES OF POWER.
(a) LIMIT ON TIME PERMITTED FOR RECORDED ELECTRONIC VOTES- Clause 2(a) of rule XX of the Rules of the House of Representatives is amended by inserting after the second sentence the following sentence: `The maximum time for a record vote by electronic device shall be 20 minutes, except that the time may be extended with the consent of both the majority and minority floor managers of the legislation involved or both the majority leader and the minority leader.'.
(b) CONGRESSIONAL INTEGRITY- Rule XXIII of the Rules of the House of Representatives (the Code of Official Conduct) is amended--
(1) by redesignating clause 14 as clause 16; and
(2) by inserting after clause 13 the following new clauses:
`14. A Member, Delegate, or Resident Commissioner shall not condition the inclusion of language to provide funding for a district-oriented earmark, a particular project which will be carried out in a Member's congressional district, in any bill or joint resolution (or an accompanying report thereof) or in any conference report on a bill or joint resolution (including an accompanying joint statement of managers thereto) on any vote cast by the Member, Delegate, or Resident Commissioner in whose Congressional district the project will be carried out.
`15. (a) A Member, Delegate, or Resident Commissioner who advocates to include a district-oriented earmark in any bill or joint resolution (or an accompanying report) or in any conference report on a bill or joint resolution (including an accompanying joint statement of managers thereto) shall disclose in writing to the chairman and ranking member of the relevant committee (and in the case of the Committee on Appropriations to the chairman and ranking member of the full committee and of the relevant subcommittee)--
`(1) the name of the Member, Delegate, or Resident Commissioner;
`(2) the name and address of the intended recipient of such earmark;
`(3) the purpose of such earmark; and
`(4) whether the Member, Delegate, or Resident Commissioner has a financial interest in such earmark.
`(b) Each committee shall make available to the general public the information transmitted to the committee under paragraph (a) for any earmark included in any measure reported by the committee or conference report filed by the chairman of the committee or any subcommittee thereof.
`(c) The Joint Committee on Taxation shall review any revenue measure or any reconciliation bill or joint resolution which includes revenue provisions before it is reported by a committee and before it is filed by a committee of conference of the two Houses, and shall identify whether such bill or joint resolution contains any limited tax benefits. The Joint Committee on Taxation shall prepare a statement identifying any such limited tax benefits, stating who the beneficiaries are of such benefits, and any substantially similar introduced measures and the sponsors of such measures. Any such statement shall be made available to the general public by the Joint Committee on Taxation.'.
(c) RESTRICTIONS ON REPORTING CERTAIN RULES- Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended--
(1) by striking `or' at the end of subparagraph (1);
(2) by striking the period at the end of subparagraph (2) and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
`(3) a rule or order for consideration of a bill or joint resolution reported by a committee that makes in order as original text for purposes of amendment, text which differs from such bill or joint resolution as recommended by such committee to be amended unless the rule or order also makes in order as preferential a motion to amend that is neither divisible nor amendable but, if adopted will be considered original text for purposes of amendment, if requested by the chairman or ranking minority member of the reporting committee, and such rule or order shall waive all necessary points of order against that amendment only if it restores all or part of the text of the bill or joint resolution as recommended by such committee or strikes some or all of the original text inserted by the Committee on Rules that was not contained in the recommended version;
`(4) a rule or order that waives any points of order against consideration of a bill or joint resolution, against provisions in the measure, or against consideration of amendments recommended by the reporting committee unless the rule or order makes in order and waives the same points of order against one germane amendment if requested by the minority leader or a designee;
`(5) a rule or order that waives clause 10(d) of rule XVIII, unless the majority leader and minority leader each agree to the waiver and a question of consideration of the rule is adopted by a vote of two-thirds of the Members voting, a quorum being present; or
`(6) a rule or order that waives clause 12(a) of rule XXII.'.
SEC. 503. ENDING 2-DAY WORK WEEKS.
Rule XV of the Rules of the House of Representatives is amended by adding at the end the following new clause:
`8. It shall not be in order to consider a resolution providing for adjournment sine die unless, during at least 20 weeks of the session, a quorum call or recorded vote was taken on at least 4 of the weekdays (excluding legal public holidays).'.
SEC. 504. KNOWING WHAT THE HOUSE IS VOTING ON.
(a) BILLS AND JOINT RESOLUTIONS-
(1) IN GENERAL- Rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new clause:
`8. Except for motions to suspend the rules and consider legislation, it shall not be in order to consider in the House a bill or joint resolution until 24 hours after or, in the case of a bill or joint resolution containing a district-oriented earmark or limited tax benefit, until 3 days after copies of such bill or joint resolution (and, if the bill or joint resolution is reported, copies of the accompanying report) are available (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day).'.
(2) PROHIBITING WAIVER- Clause 6(c) of rule XIII of the Rules of the House of Representatives, as amended by section 3(a), is further amended--
(A) by striking `or' at the end of subparagraph (5);
(B) by striking the period at the end of subparagraph (6) and inserting `; or'; and
(C) by adding at the end the following new subparagraph:
`(7) a rule or order that waives clause 8 of rule XIII or clause 8(a)(1)(B) of rule XXII, unless a question of consideration of the rule is adopted by a vote of two-thirds of the Members voting, a quorum being present.'.
(b) CONFERENCE REPORTS- Clause 8(a)(1)(B) of rule XXII of the Rules of the House of Representatives is amended by striking `2 hours` and inserting `24 hours or, in the case of a conference report containing a district-oriented earmark or limited tax benefit, until 3 days after'.
SEC. 505. FULL AND OPEN DEBATE IN CONFERENCE.
(a) NUMBERED AMENDMENTS- Clause 1 of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new sentence: `A motion to request or agree to a conference on a general appropriation bill is in order only if the House expresses its disagreements with the House in the form of numbered amendments.'.
(b) PROMOTING OPENNESS IN DELIBERATIONS OF MANAGERS- Clause 12(a) of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph:
`(3) All provisions on which the two Houses disagree shall be open to discussion at any meeting of a conference committee. The text which reflects the conferees' action on all of the differences between the two Houses, including all matter to be included in the conference report and any amendments in disagreement, shall be available to any of the managers at least one such meeting, and shall be approved by a recorded vote of a majority of the House managers. Such text and, with respect to such vote, the total number of votes cast for and against, and the names of members voting for and against, shall be included in the joint explanatory statement of managers accompanying the conference report of such conference committee.'.
(c) POINT OF ORDER AGAINST CONSIDERATION OF CONFERENCE REPORT NOT REFLECTING RESOLUTION OF DIFFERENCES AS APPROVED-
(1) IN GENERAL- Rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new clause:
`13. It shall not be in order to consider a conference report the text of which differs in any material way from the text which reflects the conferees' action on all of the differences between the two Houses, as approved by a recorded vote of a majority of the House managers as required under clause 12(a).'.
(2) PROHIBITING WAIVER- Clause 6(c)(6) of rule XIII of the Rules of the House of Representatives, as added by section 3(c)(3), is further amended by striking `clause 12(a)' and inserting `clause 12(a) or clause 13'.
TITLE VI--ANTI-CRONYISM AND PUBLIC SAFETY
SEC. 601. MINIMUM REQUIREMENTS FOR POLITICAL APPOINTEES HOLDING PUBLIC SAFETY POSITIONS.
(a) In General- A public safety position may not be held by any political appointee who does not meet the requirements of subsection (b).
(b) Minimum Requirements- An individual shall not, with respect to any position, be considered to meet the requirements of this subsection unless such individual--
(1) has academic, management, and leadership credentials in one or more areas relevant to such position;
(2) has a superior record of achievement in one or more areas relevant to such position;
(3) has training and expertise in one or more areas relevant to such position; and
(4) has not, within the 2-year period ending on the date of such individual's nomination for or appointment to such position, been a lobbyist for any entity or other client that is subject to the authority of the agency within which, if appointed, such individual would serve.
(c) Political Appointee- For purposes of this section, the term `political appointee' means any individual who--
(1) is employed in a position listed in sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);
(2) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service; or
(3) is employed in the executive branch of the Government in a position which has been excepted from the competitive service by reason of its policy-determining, policy-making, or policy-advocating character.
(d) Public Safety Position- For purposes of this section, the term `public safety position' means--
(1) the Under Secretary for Emergency Preparedness and Response, Department of Homeland Security;
(2) the Director of the Federal Emergency Management Agency, Department of Homeland Security;
(3) each regional director of the Federal Emergency Management Agency, Department of Homeland Security;
(4) the Recovery Division Director of the Federal Emergency Management Agency, Department of Homeland Security;
(5) the Assistant Secretary for Immigration and Customs Enforcement, Department of Homeland Security;
(6) the Assistant Secretary for Public Health Emergency Preparedness, Department of Health and Human Services;
(7) the Assistant Administrator for Solid Waste and Emergency Response, Environmental Protection Agency; and
(8) any position (not otherwise identified under any of the preceding provisions of this subsection) a primary function of which involves responding to a direct threat to life or property or a hazard to health, as identified by the head of each employing agency in consultation with the Office of Personnel Management.
Beginning not later than 30 days after the date of the enactment of this Act, the head of each agency shall maintain on such agency's public website a current list of all public safety positions within such agency.
(e) Coordination With Other Requirements- The requirements set forth in subsection (b) shall be in addition to, and not in lieu of, any requirements that might otherwise apply with respect to any particular position.
(f) Definitions- For purposes of this section--
(1) the term `agency' means an Executive agency (as defined by section 105 of title 5, United States Code);
(2) the terms `limited term appointee', `limited emergency appointee', and `noncareer appointee' have the respective meanings given them by section 3132 of such title 5;
(3) the term `Senior Executive Service' has the meaning given such term by section 2101a of such title 5;
(4) the term `competitive service' has the meaning given such term by section 2102 of such title 5; and
(5) the terms `lobbyist' and `client' have the respective meanings given them by section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
SEC. 602. EFFECTIVE DATE.
This title shall apply with respect to any appointment made after the end of the 30-day period beginning on the date of the enactment of this Act.
TITLE VII--ZERO TOLERANCE FOR CONTRACT CHEATERS
SEC. 701. PUBLIC AVAILABILITY OF FEDERAL CONTRACT AWARDS.
(a) Amendment- The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by inserting after section 19 the following new section:
`SEC. 19A. PUBLIC AVAILABILITY OF CONTRACT AWARD INFORMATION.
`Not later than 14 days after the award of a contract by an executive agency, the head of the executive agency shall make publicly available, including by posting on the Internet in a searchable database, the following information with respect to the contract:
`(1) The name and address of the contractor.
`(2) The date of award of the contract.
`(3) The number of offers received in response to the solicitation.
`(4) The total amount of the contract.
`(5) The contract type.
`(6) The items, quantities, and any stated unit price of items or services to be procured under the contract.
`(7) With respect to a procurement carried out using procedures other than competitive procedures--
`(A) the authority for using such procedures under section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or section 2304(c) of title 10, United States Code; and
`(B) the number of sources from which bids or proposals were solicited.
`(8) The general reasons for selecting the contractor.'.
(b) Clerical Amendment- The table of contents contained in section 1(b) of such Act is amended by inserting after the item relating to section 19 the following new item:
`Sec. 19A. Public availability of contract award information.'.
(c) Effective Date- The amendments made by this Act shall apply to contracts entered into more than 90 days after the date of the enactment of this Act.
SEC. 702. PROHIBITION ON AWARD OF MONOPOLY CONTRACTS.
(a) Civilian Agency Contracts-
(1) Paragraph (3) of section 303H(d) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h(d)) is amended to read as follows:
`(3)(A) The regulations implementing this subsection shall prohibit the award of monopoly contracts.
`(B) In this subsection, the term `monopoly contract' means a task or delivery order contract in an amount estimated to exceed $10,000,000 (including all options) awarded to a single contractor.
`(C) Notwithstanding subparagraph (A), a monopoly contract may be awarded if the head of the agency determines in writing that--
`(i) for one of the reasons set forth in section 303(c), a single task or delivery order contract is in the best interest of the Federal Government; or
`(ii) the task orders expected under the contract are so integrally related that only a single contractor can reasonably perform the work.'.
(2) Section 303H(d)(1) of such Act is amended by striking `The head' and inserting `Subject to paragraph (3), the head'.
(3) Subsection (e) of section 303I of such Act (41 United States Code 253i) is amended to read as follows:
`(e) Multiple Awards- Section 303H(d) applies to a task or delivery order contract for the procurement of advisory and assistance services under this section.'.
(b) Defense Contracts-
(1) Section 2304a(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(4)(A) The regulations implementing this subsection shall prohibit the award of monopoly contracts.
`(B) In this subsection, the term `monopoly contract' means a task or delivery order contract in an amount estimated to exceed 10,000,000 (including all options) awarded to a single contractor.
`(C) Notwithstanding subparagraph (A), a monopoly contract may be awarded if the head of the agency determines in writing that--
`(i) for one of the reasons set forth in section 2304(c), a single task or delivery order contract is in the best interest of the Federal Government; or
`(ii) the task orders expected under the contract are so integrally related that only a single contractor can reasonably perform the work.'.
(2) Section 2304a(d)(1) of such title is amended by striking `The head' and inserting `Subject to paragraph (4), the head'.
(3) Subsection (e) of section 2304b of such title is amended to read as follows:
`(e) Multiple Awards- Section 2304a(d) of this title applies to a task or delivery order contract for the procurement of advisory and assistance services under this section.'.
SEC. 703. COMPETITION IN MULTIPLE AWARD CONTRACTS.
(a) Expansion of Applicability to All Government Contracts- Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303M the following new section:
`SEC. 303N. COMPETITION IN MULTIPLE AWARD CONTRACTS.
`(a) Regulations Required- Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulation shall be revised to require competition in the purchase of goods and services by each executive agency pursuant to multiple award contracts.
`(b) Content of Regulations- (1) The regulations required by subsection (a) shall provide, at a minimum, that each individual purchase of goods or services in excess of $100,000 that is made under a multiple award contract shall be made on a competitive basis unless a contracting officer of the executive agency--
`(A) waives the requirement on the basis of a determination that--
`(i) one of the circumstances described in paragraphs (1) through (4) of section 303J(b) applies to such individual purchase; or
`(ii) a statute expressly authorizes or requires that the purchase be made from a specified source; and
`(B) justifies the determination in writing.
`(2) For purposes of this subsection, an individual purchase of goods or services is made on a competitive basis only if it is made pursuant to procedures that--
`(A) require fair notice of the intent to make that purchase (including a description of the work to be performed and the basis on which the selection will be made) to be provided to all contractors offering such goods or services under the multiple award contract; and
`(B) afford all contractors responding to the notice a fair opportunity to make an offer and have that offer fairly considered by the official making the purchase.
`(3) Notwithstanding paragraph (2), notice may be provided to fewer than all contractors offering such goods or services under a multiple award contract described in subsection (c)(2)(A) if notice is provided to as many contractors as practicable.
`(4) A purchase may not be made pursuant to a notice that is provided to fewer than all contractors under paragraph (3) unless--
`(A) offers were received from at least three qualified contractors; or
`(B) a contracting officer of the executive agency determines in writing that no additional qualified contractors were able to be identified despite reasonable efforts to do so.
`(5) For purposes of paragraph (2), fair notice means notice of intent to make a purchase under a multiple award contract posted, at least 14 days before the purchase is made, on the website maintained by the General Services Administration known as FedBizOpps.gov (or any successor site).
`(c) Definitions- In this section:
`(1) The term `individual purchase' means a task order, delivery order, or other purchase.
`(2) The term `multiple award contract' means--
`(A) a contract that is entered into by the Administrator of General Services under the multiple award schedule program referred to in section 309(b)(3);
`(B) a multiple award task order contract that is entered into under the authority of sections 2304a through 2304d of title 10, United States Code, or sections 303H through 303K; and
`(C) any other indefinite delivery, indefinite quantity contract that is entered into by the head of an executive agency with two or more sources pursuant to the same solicitation.
`(d) Applicability- The revisions to the Federal Acquisition Regulation pursuant to subsection (a) shall take effect not later than 180 days after the date of the enactment of this section and shall apply to all individual purchases of goods or services that are made under multiple award contracts on or after the effective date, without regard to whether the multiple award contracts were entered into before, on, or after such effective date.'.
(b) Conforming Amendments to Defense Contract Provision- Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2304 note) is amended as follows:
(1) GOODS COVERED-
(A) The section heading is amended by inserting `goods or' before `services'.
(B) Subsection (a) is amended by inserting `goods and' before `services'.
(C) The following provisions are amended by inserting `goods or' before `services' each place it appears:
(i) Paragraphs (1), (2), and (3) of subsection (b).
(ii) Subsection (d).
(D) Such section is amended by adding at the end the following new subsection:
`(e) Applicability to Goods- The Secretary shall revise the regulations promulgated pursuant to subsection (a) to cover purchases of goods by the Department of Defense pursuant to multiple award contracts. The revised regulations shall take effect in final form not later than 180 days after the date of the enactment of this subsection and shall apply to all individual purchases of goods that are made under multiple award contracts on or after the effective date, without regard to whether the multiple award contracts were entered into before, on, or after such effective date.'.
(2) EXPANSION OF NOTICE REQUIREMENTS- Subsection (b) is amended by adding at the end the following new paragraph:
`(5) For purposes of paragraph (2), fair notice means notice of intent to make a purchase under a multiple award contract posted, at least 14 days before the purchase is made, on the website maintained by the General Services Administration known as FedBizOpps.gov (or any successor site).'.
SEC. 704. SUSPENSION AND DEBARMENT OF UNETHICAL CONTRACTORS.
(a) Civilian Agency Contractors- (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303N, as added by section 703, the following new section:
`SEC. 303O. SUSPENSION AND DEBARMENT OF UNETHICAL CONTRACTORS.
`(a) In General- No prospective contractor may be awarded a contract with an agency unless the contracting officer for the contract determines that such prospective contractor has a satisfactory record of integrity and business ethics.
`(b) Definition- No prospective contractor shall be considered to have a satisfactory record of integrity and business ethics if it--
`(1) has exhibited a pattern of overcharging the Government under Federal contracts;
`(2) has exhibited a pattern of failing to comply with the law, including tax, labor and employment, environmental, antitrust, and consumer protection laws; or
`(3) has an outstanding debt with a Federal agency in a delinquent status.'
(2) The table of sections at the beginning of such Act is amended by inserting after the item relating to section 303N, as added by section 703, the following new item:
`Sec. 303O. Suspension and debarment of unethical contractors.'.
(b) Defense Contractors- (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2305a the following new section:
`Sec. 2305b. Suspension and debarment of unethical contractors
`Section 303O of the Federal Property and Administrative Services Act of 1949 shall apply to a prospective contractor that may be awarded a contract with an agency under this title in the same manner as such section applies to a prospective contractor that may be awarded a contract with an agency covered by that section.'.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2305a the following new item:
`2305b. Suspension and debarment of unethical contractors.'.
(c) Effective Date- The amendments made by this section shall apply with respect to contracts for which solicitations are issued after the date of the enactment of this Act.
SEC. 705. CRIMINAL SANCTIONS FOR CHEATING TAXPAYERS AND WARTIME FRAUD.
(a) Prohibition-
(1) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 1039. Criminal sanctions for cheating taxpayers and wartime fraud
`(a) Prohibition-
`(1) IN GENERAL- Whoever, in any matter involving a Federal contract or the provision of goods or services, knowingly and willfully--
`(A) executes or attempts to execute a scheme or artifice to defraud the United States;
`(B) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
`(C) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; or
`(D) materially overvalues any good or service with the specific intent to excessively profit from war, military action, or relief or reconstruction activities;
shall be fined under paragraph (2), imprisoned not more than 10 years, or both.
`(2) FINE- A person convicted of an offense under paragraph (1) may be fined the greater of--
`(A) $1,000,000; or
`(B) if such person derives profits or other proceeds from the offense, not more than twice the gross profits or other proceeds.
`(b) Extraterritorial Jurisdiction- There is extraterritorial Federal jurisdiction over an offense under this section.
`(c) Venue- A prosecution for an offense under this section may be brought--
`(1) as authorized by chapter 211 of this title;
`(2) in any district where any act in furtherance of the offense took place; or
`(3) in any district where any party to the contract or provider of goods or services is located.'.
(2) TABLE OF SECTIONS- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following:
`1039. Criminal Sanctions for Cheating Taxpayers and Wartime Fraud.'.
(d) Civil Forfeiture- Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting `1039,' after `1032,'.
(e) Criminal Forfeiture- Section 982(a)(2)(B) of title 18, United States Code, is amended by striking `or 1030' and inserting `1030, or 1039'.
(f) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting the following: `, section 1039 (relating to Criminal Sanctions for Cheating Taxpayers and Wartime Fraud,' after `liquidating agent of financial institution),'.
SEC. 706. PROHIBITION ON CONTRACTOR CONFLICTS OF INTEREST.
(a) Prohibition- An agency may not enter into a contract for the performance of a function relating to contract oversight with any contractor with a conflict of interest.
(b) Definitions- In this section:
(1) The term `function relating to contract oversight' includes the following specific functions:
(A) Evaluation of a contractor's performance.
(B) Evaluation of contract proposals.
(C) Development of statements of work.
(D) Services in support of acquisition planning.
(E) Contract management.
(2) The term `conflict of interest' includes cases in which the contractor performing the function relating to contract oversight, or any related entity--
(A) is performing all or some of the work to be overseen;
(B) has a separate ongoing business relationship, such as a joint venture or contract, with any of the contractors to be overseen;
(C) would be placed in a position to affect the value or performance of work it or any related entity is doing under any other Government contract;
(D) has a reverse role with the contractor to be overseen under one or more separate Government contracts; and
(E) has some other relationship with the contractor to be overseen that could reasonably appear to bias the contractor's judgment.
(3) The term `related entity', with respect to a contractor, means any subsidiary, parent, affiliate, joint venture, or other entity related to the contractor.
(c) Contracts Relating to Inherently Governmental Functions- An agency may not enter into a contract for the performance of inherently governmental functions for contract oversight (as described in subpart 7.5 of part 7 of the Federal Acquisition Regulation).
(d) Effective Date and Applicability- This section shall take effect on the date of enactment of this Act and shall apply to--
(1) contracts entered into on or after such date;
(2) any task or delivery order issued on or after such date under a contract entered into before, on, or after such date; and
(3) any decision on or after such date to exercise an option or otherwise extend a contract for the performance of a function relating to contract oversight regardless of whether such contract was entered into before, on, or after the date of enactment of this Act.
SEC. 707. DISCLOSURE OF GOVERNMENT CONTRACTOR OVERCHARGES.
(a) Quarterly Report to Congress-
(1) The head of each Federal agency or department shall submit to the chairman and ranking member of each committee described in paragraph (2) on a quarterly basis a report that includes the following:
(A) A list of audits or other reports issued during the applicable quarter that describe contractor costs in excess of $1,000,000 that have been identified as unjustified, unsupported, questioned, or unreasonable under any contract, task or delivery order, or subcontract.
(B) The specific amounts of costs identified as unjustified, unsupported, questioned, or unreasonable and the percentage of their total value of the contract, task or delivery order, or subcontract.
(C) A list of audits or other reports issued during the applicable quarter that identify significant or substantial deficiencies in any business system of any contractor under any contract, task or delivery order, or subcontract.
(2) The report described in paragraph (1) shall be submitted to the Committee on Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and other committees of jurisdiction.
(b) Submission of Individual Audits- The head of each Federal agency or department shall provide, within 14 days after a request in writing by the chairman or ranking member of any of the committees described in subsection (a)(2), a full and unredacted copy of any audit or other report described in subsection (a)(1).
SEC. 708. PENALTIES FOR IMPROPER SOLE-SOURCE CONTRACTING PROCEDURES.
(a) Civilian Agency Contracts- Section 303 of the Federal Property and Administrative Services Act (41 U.S.C. 253) is amended--
(1) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following new subsection:
`(g) Any official who knowingly and intentionally violates Federal procurement law in the preparation or certification of a justification for a sole-source contract, in the award of a sole-source contract, or in directing or participating in the award of a sole-source contract, shall be subject to administrative sanctions up to and including termination of employment.'.
(b) Defense Agency Contracts- Section 2304 of title 10, United States Code, is amended--
(1) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following new subsection:
`(g) Any official who knowingly and intentionally violates federal procurement law in the preparation or certification of a justification for a sole-source contract, in the award of a sole-source contract, or in directing or participating in the award of a sole-source contract, shall be subject to administrative sanctions up to and including termination of employment.'.
(c) REGULATIONS- The Administrator for Federal Procurement Policy, in consultation with the Director of the Office of Personnel Management, shall issue regulations to implement the amendments made by this section.
SEC. 709. STOPPING THE REVOLVING DOOR.
(a) Elimination of Loopholes That Allow Former Federal Officials to Accept Compensation From Contractors or Related Entities-
(1) Paragraph (1) of section 27(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(d)(1)) is amended--
(A) by striking `or consultant' and inserting `consultant, lawyer, or lobbyist';
(B) by striking `one year' and inserting `two years'; and
(C) in subparagraph (C), by striking `personally made for the Federal agency--' and inserting `participated personally and substantially in--'.
(2) Paragraph (2) of section 27(d) of such Act (41 U.S.C. 423(d)(2)) is amended to read as follows:
`(2) For purposes of paragraph (1), the term `contractor' includes any division, affiliate, subsidiary, parent, joint venture, or other related entity of the contractor.'.
(b) Prohibition on Award of Government Contracts to Former Employers- Section 27 of such Act (41 U.S.C. 423) is amended by adding at the end the following new subsection:
`(i) Prohibition on Involvement by Certain Former Contractor Employees in Procurements- A former employee of a contractor who becomes an employee of the Federal government shall not be personally and substantially involved with any Federal agency procurement involving the employee's former employer, including any division, affiliate, subsidiary, parent, joint venture, or other related entity of the former employer, for a period of two years beginning on the date on which the employee leaves the employment of the contractor.'.
(c) Requirement for Federal Procurement Officers to Disclose Job Offers Made to Relatives- Section 27(c)(1) of such Act (41 U.S.C. 423(c)(1)) is amended by inserting after `that official' the following: `or for a relative of that official (as defined in section 3110 of title 5, United States Code),'.
(d) Additional Criminal Penalties- Paragraph (1) of section 27(e) of such Act (41 U.S.C. (e)(1)) is amended to read as follows:
`(1) CRIMINAL PENALTIES- Whoever engages in conduct constituting a violation of--
`(A) subsection (a) or (b) for the purpose of either--
`(i) exchanging the information covered by such subsection for anything of value, or
`(ii) obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or
`(B) subsection (c) or (d);
shall be imprisoned for not more than 5 years or fined as provided under title 18, United States Code, or both.'.
(e) Regulations- Section 27 of such Act (41 U.S.C. 423) is further amended by adding at the end of the following new subsection:
`(j) Regulations- The Director of the Office of Government Ethics, in consultation with the Administrator, shall--
`(1) promulgate regulations to carry out and ensure the enforcement of this section; and
`(2) monitor and investigate individual and agency compliance with this section.'.
TITLE VIII--PRESIDENTIAL LIBRARIES
SEC. 801. PRESIDENTIAL LIBRARIES.
(a) IN GENERAL- Section 2112 of title 44, United States Code, is amended by adding at the end the following new subsection:
`(h)(1) Any organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository, shall submit to the Administration, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate on a quarterly basis, by not later than the applicable date specified in paragraph (2), information with respect to every contributor who, during the designated period--
`(A) with respect to a Presidential archival depository of a President who currently holds the Office of President or for which the Archivist has not accepted, taken title to, or entered into an agreement to use any land or facility, gave the organization a contribution or contributions (whether monetary or in-kind) totaling $100 or more for the quarterly period; or
`(B) with respect to a Presidential archival depository of a President who no longer holds the Office of President and for which the Archivist has accepted, taken title to, or entered into an agreement to use any land or facility, gave the organization a contribution or contributions (whether monetary or in-kind) totaling $100 or more for the quarterly period.
`(2) For purposes of paragraph (1), the applicable date--
`(A) with respect to information required under paragraph (1)(A), shall be April 15, July 15, October 15, and January 15 of each year and of the following year as applicable to the fourth quarterly filing; and
`(B) with respect to information required under paragraph (1)(B), shall be April 15, July 15, October 15, and January 15 of each year and of the following year as applicable to the fourth quarterly filing.
`(3) As used in this subsection, the term `information' means the following:
`(A) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the quarter covered by the submission.
`(B) The source of each such contribution, and the address of the entity or individual that is the source of the contribution.
`(C) If the source of such a contribution is an individual, the occupation of the individual.
`(D) The date of each such contribution.
`(4) The Archivist shall make available to the public through the Internet (or a successor technology readily available to the public) as soon as is practicable after each quarterly filing any information that is submitted in accordance with paragraph (1).
`(5)(A) It shall be unlawful for any person who makes a contribution described in paragraph (1) to knowingly and willfully submit false material information or omit material information with respect to the contribution to an organization described in such paragraph.
`(B) The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of subparagraph (A) in the same manner as a violation described in such section.
`(6)(A) It shall be unlawful for any organization described in paragraph (1) to knowingly and willfully submit false material information or omit material information under such paragraph.
`(B) The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of subparagraph (A) in the same manner as a violation described in such section.
`(7)(A) It shall be unlawful for a person to knowingly and willfully--
`(i) make a contribution described in paragraph (1) in the name of another person;
`(ii) permit his or her name to be used to effect a contribution described in paragraph (1); or
`(iii) accept a contribution described in paragraph (1) that is made by one person in the name of another person.
`(B) The penalties set forth in section 309(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of section 316(b)(3) of such Act.
`(8) The Archivist shall promulgate regulations for the purpose of carrying out this subsection.'.
(b) APPLICABILITY- Section 2112(h) of title 44, United States Code (as added by subsection (a))--
(1) shall apply to an organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository before, on or after the date of the enactment of this Act; and
(2) shall only apply with respect to contributions (whether monetary or in-kind) made after the date of the enactment of this Act.
