5-3-06, Bill Passed House 217-213
Referred to Senate, See S. 2349 for Further
Action
109th CONGRESS
2d Session
H. R. 4975
AN ACT
To provide greater transparency with respect to lobbying activities,
to amend the Federal Election Campaign Act of 1971 to clarify when organizations
described in section 527 of the Internal Revenue Code of 1986 must register
as political committees, 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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Lobbying Accountability and
Transparency Act of 2006' and `527 Reform Act of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ENHANCING LOBBYING DISCLOSURE
Sec. 101. Quarterly filing of lobbying disclosure reports.
Sec. 102. Electronic filing of lobbying registrations and disclosure reports.
Sec. 103. Public database of lobbying disclosure information.
Sec. 104. Disclosure by registered lobbyists of past executive branch
and congressional employment.
Sec. 105. Disclosure of lobbyist contributions and gifts.
Sec. 106. Increased penalty for failure to comply with lobbying disclosure
requirements.
Sec. 107. Penalties for offering gifts.
TITLE II--SLOWING THE REVOLVING DOOR
Sec. 201. Notification of post-employment restrictions.
Sec. 202. Disclosure by Members of the House of Representatives of employment
negotiations.
Sec. 203. Wrongfully influencing, on a partisan basis, an entity's employment
decisions or practices.
TITLE III--SUSPENSION OF PRIVATELY-FUNDED TRAVEL; CURBING LOBBYIST GIFTS
Sec. 301. Pre-certification of privately funded travel.
Sec. 302. Recommendations from the Committee on Standards of Official
Conduct on gifts.
Sec. 303. Prohibiting registered lobbyists on corporate flights.
Sec. 304. Valuation of tickets to sporting and entertainment events.
TITLE IV--OVERSIGHT OF LOBBYING AND ENFORCEMENT
Sec. 401. Audits of lobbying reports by House Inspector General.
Sec. 402. House Inspector General review and annual reports.
TITLE V--INSTITUTIONAL REFORMS
Sec. 501. Earmarking reform.
Sec. 502. Mandatory ethics training for House employees.
Sec. 503. Biennial publication of ethics manual.
TITLE VI--FORFEITURE OF RETIREMENT BENEFITS
Sec. 601. Loss of pensions accrued during service as a Member of Congress
for abusing the public trust.
TITLE VII--LEADERSHIP PACS
Sec. 701. Restrictions on disposition of funds by leadership PACS.
TITLE VIII--ETHICS TRAINING FOR LOBBYISTS
Sec. 801. Ethics training for lobbyists.
TITLE IX--MISCELLANEOUS PROVISIONS
TITLE X--527 REFORM ACT OF 2006
Sec. 1002. Treatment of section 527 organizations.
Sec. 1003. Rules for allocation of expenses between Federal and non-Federal
activities.
Sec. 1004. Repeal of limit on amount of party expenditures on behalf of
candidates in general elections.
Sec. 1006. Judicial review.
Sec. 1007. Effective date.
TITLE I--ENHANCING LOBBYING DISCLOSURE
SEC. 101. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required- Section 5 of the Lobbying Disclosure Act
of 1995 (in this title referred to as the `Act') (2 U.S.C. 1604) is amended--
(A) in the heading, by striking `SEMIANNUAL' and inserting `QUARTERLY';
(B) by striking `45' and inserting `20';
(C) 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
(D) by striking `such semiannual period' and insert `such quarterly
period'; and
(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 Act (2 U.S.C. 1602(10)) is amended
by striking `six month period' and inserting `3-month period'.
(2) REGISTRATION- Section 4 of the Act (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(6) of the Act (2 U.S.C. 1605(6)) is amended
by striking `semiannual period' and inserting `quarterly period'.
(4) ESTIMATES- Section 15 of the Act (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'.
(A) REGISTRATION- Section 4 of the Act (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) REPORTS- Section 5(c) of the Act (2 U.S.C. 1604(c)) is amended--
(i) in paragraph (1), by striking `$10,000' and `$20,000' and inserting
`$5,000' and `$1,000', respectively; and
(ii) in paragraph (2), by striking `$10,000' both places such term
appears and inserting `$5,000'.
SEC. 102. ELECTRONIC FILING OF LOBBYING REGISTRATIONS AND DISCLOSURE REPORTS.
(a) REGISTRATIONS- Section 4 of the Act (2 U.S.C. 1603) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
`(d) Electronic Filing Required- A registration required to be filed under
this section on or after the date of enactment of the Lobbying Accountability
and Transparency Act of 2006 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 due date for a registration
filed in electronic form shall be no later than the due date for a registration
filed in any other form.'.
(b) REPORTS- Section 5 of the Act (2 U.S.C. 1604) is amended by adding at
the end the following:
`(d) Electronic Filing Required-
`(1) IN GENERAL- 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 due date for a report filed in electronic form shall be no later than
the due date for a report filed in any other form, except as provided
in paragraph (2).
`(2) EXTENSION OF TIME TO FILE IN ELECTRONIC FORM- The Secretary of the
Senate or the Clerk of the House of Representatives may establish a later
due date for the filing of a report in electronic form by a registrant,
if and only if--
`(A) on or before the original due date, the registrant--
`(i) timely files the report in every form required, other than electronic
form; and
`(ii) makes a request for such a later due date to the Secretary or
the Clerk, as the case may be; and
`(B) the request is supported by good cause shown.'.
SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.
(a) Database Required- Section 6 of the Act (2 U.S.C. 1605) is amended--
(1) in paragraph (7), by striking `and' at the end;
(2) in paragraph (8), by striking the period and inserting `; and'; and
(3) by adding at the end the following:
`(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, at a minimum, by each of the categories
of information described in sections 4(b) and 5(b).'.
(b) Availability of Reports- Section 6(4) of the Act is amended by inserting
before the semicolon the following: `and, in the case of a registration
filed in electronic form pursuant to section 4(d) or a report filed in electronic
form pursuant to section 5(d), shall make such registration or report (as
the case may be) available for public inspection over the Internet not more
than 48 hours after the registration or report (as the case may be) is approved
as received by the Secretary of the Senate or the Clerk of the House of
Representatives (as the case may be)'.
(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 Act, as added by subsection (a) of this section.
SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE BRANCH
AND CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Act (2 U.S.C. 1603(b)(6)) is amended by striking
`2 years' and inserting `7 years'.
SEC. 105. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND GIFTS.
(a) IN GENERAL- Section 5(b) of the Act (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 a semicolon;
and
(3) by adding at the end the following:
`(5) for each registrant (and for any political committee, as defined
in 301(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)),
affiliated with the registrant), and for each employee listed as a lobbyist
by the registrant under paragraph (2)(C), the name of each Federal candidate
or officeholder, and of each leadership PAC, political party committee,
or other political committee to whom a contribution was made which is
required to be reported to the Federal Election Commission by the recipient,
and the date and amount of such contribution;
`(6) the date, recipient, and amount of any gift that under the Rules
of the House of Representatives counts towards the cumulative annual limit
described in such rules and is given to a covered legislative branch official
by the registrant or an employee listed as a lobbyist by the registrant
under paragraph (2)(C); and
`(7) the date, recipient, and amount of funds contributed by the registrant
or an employee listed as a lobbyist by the registrant under paragraph
(2)(C)--
`(A) 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;
or
`(B) to an entity established, financed, maintained, or controlled by
a covered legislative branch official;
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).'.
(b) FACTORS TO BE CONSIDERED TO DETERMINE RELATIONSHIP BETWEEN OFFICIALS
AND OTHER ENTITIES- Section 5 of the Act (2 U.S.C. 1604), as amended by
section 102(b) of this Act, is amended by adding at the end the following
new subsection:
`(e) FACTORS TO DETERMINE RELATIONSHIP BETWEEN OFFICIALS AND OTHER ENTITIES-
`(1) IN GENERAL- In determining under subsection (b)(7)(B) whether a covered
legislative branch official directly or indirectly established, finances,
maintains, or controls an entity, the factors described in paragraph (2)
shall be examined in the context of the overall relationship between that
covered official and the entity to determine whether the presence of any
such factor or factors is evidence that the covered official directly
or indirectly established, finances, maintains, or controls the entity.
`(2) FACTORS- The factors referred to in paragraph (1) include, but are
not limited to, the following:
`(A) Whether the covered official, directly or through its agent, owns
a controlling interest in the voting stock or securities of the entity.
`(B) Whether the covered official, directly or through its agent, has
the authority or ability to direct or participate in the governance
of the entity through provisions of constitutions, bylaws, contracts,
or other rules, or through formal or informal practices or procedures.
`(C) Whether the covered official, directly or through its agent, has
the authority or ability to hire, appoint, demote, or otherwise control
the officers or other decisionmaking employees or members of the entity.
`(D) Whether the covered official has a common or overlapping membership
with the entity that indicates a formal or ongoing relationship between
the covered official and the entity.
`(E) Whether the covered official has common or overlapping officers
or employees with the entity that indicates a formal or ongoing relationship
between the covered official and the entity.
`(F) Whether the covered official has any members, officers, or employees
who were members, officers, or employees of the entity that indicates
a formal or ongoing relationship between the covered official and the
entity, or that indicates the creation of a successor entity.
`(G) Whether the covered official, directly or through its agent, provides
funds or goods in a significant amount or on an ongoing basis to the
entity, such as through direct or indirect payments for administrative,
fundraising, or other costs.
`(H) Whether the covered official, directly or through its agent, causes
or arranges for funds in a significant amount or on an ongoing basis
to be provided to the entity.
`(I) Whether the covered official, directly or through its agent, had
an active or significant role in the formation of the entity.
`(J) Whether the covered official and the entity have similar patterns
of receipts or disbursements that indicate a formal or ongoing relationship
between the covered official and the entity.'.
(c) Conforming Amendment- Section 3 of the Act (2 U.S.C. 1602) is amended
by adding at the end the following new paragraphs:
`(17) GIFT- The term `gift' means a gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary value. The
term includes gifts of services, training, and meals, whether provided
in kind, by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
`(18) LEADERSHIP PAC- The term `leadership PAC' means, with respect to
an individual holding Federal office, an unauthorized political committee
(as defined in the Federal Election Campaign Act of 1971) which is associated
with such individual.'.
SEC. 106. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING DISCLOSURE
REQUIREMENTS.
Section 7 of the Act (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:
`(1) IN GENERAL- Whoever knowingly and willfully fails to comply with
any provision of this Act shall be imprisoned not more than 3 years, or
fined under title 18, United States Code, or both.
`(2) CORRUPTLY- Whoever knowingly, willfully, and corruptly fails to comply
with any provision of this Act shall be imprisoned not more than 5 years,
or fined under title 18, United States Code, or both.'.
SEC. 107. PENALTIES FOR OFFERING GIFTS.
Section 7 of the Act (2 U.S.C. 1606), as amended by section 106, is amended
by adding at the end the following:
`(c) Penalties for Offering Gifts-
`(1) IN GENERAL- Any person who is--
`(A) a lobbyist registered under this Act,
`(B) a lobbyist who is an employee of an organization registered under
this Act, or
`(C) the client of any such lobbyist or organization,
and who offers to a covered legislative branch official of the House of
Representatives any gift, knowing that such gift violates the rules of
the House of Representatives, shall, upon proof thereof by a preponderance
of the evidence, be subject to a civil fine of not more than $50,000.
`(2) DEFINITION- In this subsection, the term `covered legislative branch
official of the House of Representatives' means--
`(A) a Representative in, or Delegate or Resident Commissioner to, the
Congress; and
`(B) an employee of, or any other individual functioning in the capacity
of an employee of--
`(i) an individual described in subparagraph (A);
`(ii) a committee of the House of Representatives;
`(iii) the leadership staff of the House of Representatives;
`(iv) a joint committee of Congress; or
`(v) a working group or caucus organized to provide legislative services
to individuals described in subparagraph (A).'.
TITLE II--SLOWING THE REVOLVING DOOR
SEC. 201. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.
Section 207(e) of title 18, United States Code, is amended by adding at
the end the following new paragraph:
`(8) NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS- After a Member of the
House of Representatives or an elected officer of the House of Representatives
leaves office, or after the termination of employment with the House of
Representatives of an employee of the House of Representatives covered
under paragraph (2), (3), or (4), the Clerk of the House of Representatives,
after consultation with the Committee on Standards of Official Conduct,
shall inform the Member, officer, or employee of the beginning and ending
date of the prohibitions that apply to the Member, officer, or employee
under this subsection, and also inform each office of the House of Representatives
with respect to which such prohibitions apply of those dates.'.
SEC. 202. DISCLOSURE BY MEMBERS OF THE HOUSE OF REPRESENTATIVES OF EMPLOYMENT
NEGOTIATIONS.
The Code of Official Conduct set forth in rule XXIII of the Rules of the
House of Representatives is amended by redesignating clause 14 as clause
15 and by inserting after clause 13 the following new clause:
`14. (a) A Member, Delegate, or Resident Commissioner shall file with
the Committee on Standards of Official Conduct a statement that he or
she is negotiating compensation for prospective employment or has any
arrangement concerning prospective employment if a conflict of interest
or the appearance of a conflict of interest may exist. Such statement
shall be made within 5 days (other than Saturdays, Sundays, or public
holidays) after commencing the negotiation for compensation or entering
into the arrangement.
`(b) A Member, Delegate, or Resident Commissioner should refrain from
voting on any legislative measure pending before the House or any committee
thereof if the negotiation described in subparagraph (a) may create a
conflict of interest.'.
SEC. 203. WRONGFULLY INFLUENCING, ON A PARTISAN BASIS, AN ENTITY'S EMPLOYMENT
DECISIONS OR PRACTICES.
The Code of Official Conduct set forth in rule XXIII of the Rules of the
House of Representatives (as amended by section 202) is further amended
by redesignating clause 15 as clause 16 and by inserting after clause 14
the following new clause:
`15. A Member, Delegate, Resident Commissioner, officer, or employee of
the House may not, with the intent to influence on the basis of political
party affiliation an employment decision or employment practice of any
private or public entity (except for the Congress)--
`(a) take or withhold, or offer or threaten to take or withhold, an
official act; or
`(b) influence, or offer or threaten to influence, the official act
of another.'.
TITLE III--SUSPENSION OF PRIVATELY-FUNDED TRAVEL; CURBING LOBBYIST GIFTS
SEC. 301 PRE-CERTIFICATION OF PRIVATELY FUNDED TRAVEL.
(a) ACCEPTANCE OF PRIVATELY FUNDED TRAVEL- Notwithstanding clause 5 of rule
XXV of the Rules of the House of Representatives, no Member, Delegate, Resident
Commissioner, officer, or employee of the House may accept a gift of travel
related to his official duties (including any transportation, lodging, and
meals during such travel) from any private source unless the private source
first obtains a certification in writing from the Committee on Standards
of Official Conduct that the gift of travel complies with all House rules
and standards of conduct.
(b) REVIEW AND RECOMMENDATIONS- (1) The Committee on Standards of Official
Conduct may not issue any such certification until it reports its recommendations
on changes to rule XXV to the Committee on Rules unless two-thirds of the
Members of the Committee, present and voting in the affirmative, vote to
issue such certification. The Committee on Standards of Official Conduct
shall report its recommendations to the Committee on Rules not later than
June 15, 2006.
(2) In developing such recommendations, the Committee on Standards of Official
Conduct shall--
(A) survey public reports of registered lobbyist and registered foreign
agent-related private travel, as well as public reports of late or inaccurate
disclosure of private travel; and
(i) The ability of the current provisions of rule XXV regarding travel
to protect the House, its Members, officers, and employees, from the
appearance of impropriety.
(ii) With respect to the allowance for privately-funded travel contained
in clause 5(b) of rule XXV--
(I) the degree to which the privately-funded travel meets the representational
needs of the House, its Members, officers, and employees;
(II) whether certain entities should or should not be permitted to
fund the travel of the Members, officers, and employees of the House,
what sources of funding may be permissible, and what other individuals
may participate in that travel; and
(III) the adequacy of the current system of approval and disclosure
of such travel.
SEC. 302 RECOMMENDATIONS FROM THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
ON GIFTS.
The Committee on Standards of Official Conduct shall report its recommendations
on changes to rule XXV of the Rules of the House of Representatives regarding
the exceptions to the limitation on the acceptance of gifts contained in
clause 5(a) of that rule to the Committee on Rules. In developing its recommendations,
the Committee on Standards of Official Conduct shall consider the following:
SEC. 303. PROHIBITING REGISTERED LOBBYISTS ON CORPORATE FLIGHTS.
The Lobbying Disclosure Act of 1995 is amended by inserting after section
5 the following new section:
`SEC. 5A. PROHIBITING REGISTERED LOBBYISTS ON CORPORATE FLIGHTS.
`If a Representative in, or Delegate or Resident Commissioner to, the Congress,
or an officer or employee of the House of Representatives, is a passenger
or crew member on a flight of an aircraft that is not licensed by the Federal
Aviation Administration to operate for compensation or hire and that is
owned or operated by a person who is the client of a lobbyist or a lobbying
firm, then such lobbyist may not be a passenger or crew member on that flight.'.
SEC. 304. VALUATION OF TICKETS TO SPORTING AND ENTERTAINMENT EVENTS.
Clause 5(a)(2)(A) of rule XXV of the Rules of the House of Representatives
is amended by--
(1) inserting `(i)' after `(A)'; and
(2) adding at the end the following:
`(ii) A gift of a ticket to a sporting or entertainment event shall be valued
at the face value of the ticket, provided that in the case of a ticket without
a face value, the ticket shall be valued at the highest cost of a ticket
with a face value for the event.'.
TITLE IV--OVERSIGHT OF LOBBYING AND ENFORCEMENT
SEC. 401. AUDITS OF LOBBYING REPORTS BY HOUSE INSPECTOR GENERAL.
(a) Access to Lobbying Reports- The Office of Inspector General of the House
of Representatives shall have access to all lobbyists' disclosure information
received by the Clerk of the House of Representatives under the Lobbying
Disclosure Act of 1995 and shall conduct random audits of lobbyists' disclosure
information as necessary to ensure compliance with that Act.
(b) Referral Authority- The Office of the Inspector General of the House
of Representatives may refer potential violations by lobbyists of the Lobbying
Disclosure Act of 1995 to the Department of Justice for disciplinary action.
SEC. 402. HOUSE INSPECTOR GENERAL REVIEW AND ANNUAL REPORTS.
(a) Ongoing Review Required- The Inspector General of the House of Representatives
shall review on an ongoing basis the activities carried out by the Clerk
of the House of Representatives under section 6 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1605). The review shall emphasize--
(1) the effectiveness of those activities in securing the compliance by
lobbyists with the requirements of that Act; and
(2) whether the Clerk has the resources and authorities needed for effective
oversight and enforcement of that Act.
(b) Annual Reports- Not later than December 31 of each year, the Inspector
General of the House of Representatives shall submit to the House of Representatives
a report on the review required by subsection (a). The report shall include
the Inspector General's assessment of the matters required to be emphasized
by that subsection and any recommendations of the Inspector General to--
(1) improve the compliance by lobbyists with the requirements of the Lobbying
Disclosure Act of 1995; and
(2) provide the Clerk of the House of Representatives with the resources
and authorities needed for effective oversight and enforcement of that
Act.
TITLE V--INSTITUTIONAL REFORMS
SEC. 501. EARMARKING REFORM.
(a) In the House of Representatives, it shall not be in order to consider--
(1) a general appropriation bill reported by the Committee on Appropriations
unless the report includes a list of earmarks in the bill or in the report
(and the names of Members who submitted requests to the Committee on Appropriations
for earmarks included in such list); or
(2) a conference report to accompany a general appropriation bill unless
the joint explanatory statement prepared by the managers on the part of
the House and the managers on the part of the Senate includes a list of
earmarks in the conference report or joint statement (and the names of
Members who submitted requests to the Committee on Appropriations for
earmarks included in such list) that were--
(A) not committed to the conference committee by either House;
(B) not in the report specified in paragraph (1); and
(C) not in a report of a committee of the Senate on a companion measure.
(b) In the House of Representatives, it shall not be in order to consider
a rule or order that waives the application of subsection (a)(2).
(c)(1) A point of order raised under subsection (a)(1) may be based only
on the failure of a report of the Committee on Appropriations to include
the list required by subsection (a)(1).
(2) As disposition of a point of order under subsection (a), the Chair
shall put the question of consideration with respect to the proposition
that is the subject of the point of order.
(3) As disposition of a point of order under subsection (b) with respect
to a rule or order relating to a conference report, the Chair shall put
the question of consideration as follows: `Shall the House now consider
the resolution notwithstanding the assertion of [the maker of the point
of order] that the object of the resolution introduces a new earmark or
new earmarks?'.
(4) The question of consideration under this subsection shall be debatable
for 15 minutes by the Member initiating the point of order and for 15
minutes by an opponent, but shall otherwise be decided without intervening
motion except one that the House adjourn.
(d)(1) For the purpose of this resolution, the term `earmark' means a provision
in a bill or conference report, or language in an accompanying committee
report or joint statement of managers, providing or recommending a specific
amount of discretionary budget authority to a non-Federal entity, if such
entity is specifically identified in the report or bill; or if the discretionary
budget authority is allocated outside of the normal formula-driven or competitive
bidding process and is targeted or directed to an identifiable person, specific
State, or congressional district.
(2) For the purpose of subsection (a), government-sponsored enterprises,
Federal facilities, and Federal lands shall be considered Federal entities.
(3) For the purpose of subsection (a), to the extent that the non-Federal
entity is a State or territory, an Indian tribe, a foreign government or
an intergovernmental international organization, the provision or language
shall not be considered an earmark unless the provision or language also
specifies the specific purpose for which the designated budget authority
is to be expended.
SEC. 502. MANDATORY ETHICS TRAINING FOR HOUSE EMPLOYEES.
(a) Mandatory Ethics Training for House Employees-
(1) CHIEF ADMINISTRATIVE OFFICER- Clause 4 of rule II of the Rules of
the House of Representatives is amended by inserting the following new
paragraph at the end:
`(d) The Chief Administrative Officer may not pay any compensation to any
employee of the House with respect to any pay period during which the employee,
as determined by the Committee on Standards of Official Conduct, is not
in compliance with the applicable requirements of regulations promulgated
pursuant to clause 3(r) of Rule XI.'.
(2) MANDATORY ETHICS TRAINING PROGRAM- Clause 3 of rule XI of the Rules
of the House of Representatives is amended by adding at the end the following:
`(r) The committee shall establish a program of regular ethics training
for employees of the House and promulgate regulations providing for the
following:
`(1)(A) Except as otherwise provided, all employees of the House are required
to complete ethics training offered by the committee at least once during
each congress. Any employee who is hired after the date of adoption of
such rules is required to complete such training within 30 days of being
hired.
`(B) Any employee of the House who works in a Member's district office
shall not be required to complete such ethics training until 30 days after
the district office has received a notice from the Committee on Standards
of Official Conduct that the required ethics training program is available
on the Internet.
`(2) After any employee of the House completes such ethics training, that
employee shall file a written certification with the committee that he
is familiar with the contents of any pertinent publications that are so
designated by the committee and has completed the required ethics training.
`(3) As used in this paragraph, the term `employee of the House' refers
to any individual whose compensation is disbursed by the Chief Administrative
Officer, including any staff assigned to a Member's personal office, any
staff of a committee or leadership office, or any employee of the Office
of the Clerk, of the Office of the Chief Administrative Officer, or of
the Sergeant-at-Arms, but does not include a Member, Delegate, or Resident
Commissioner.'.
(b) ETHICS TRAINING FOR MEMBERS, DELEGATES, AND THE RESIDENT COMMISSIONER-
Clause 3 of rule XI of the Rules of the House of Representatives is amended
by inserting at the end:
`(s)(1) The committee shall establish a program of regular ethics training
for Members, Delegates, and the Resident Commissioner similar to the program
established in paragraph (r).
`(2) The committee shall publish a list of Members who have and have not
completed such ethics training within the first one hundred calendar days
after being sworn-in during each Congress. The committee shall update this
list with the names of Members who complete the training after the deadline
with the date on which the training was completed.
`(3) Publication of the list of Members who have and have not completed
the ethics training shall be made available on the official website of the
committee and published in the Congressional Record.'.
SEC. 503. BIENNIAL PUBLICATION OF ETHICS MANUAL.
Within 120 days after the date of enactment of this Act and during each
Congress thereafter, the Committee on Standards of Official Conduct shall
publish an up-to-date ethics manual for Members, officers, and employees
of the House of Representatives and make such manual available to all such
individuals. The committee has a duty to keep all Members, Delegates, the
Resident Commissioner, officers, and employees of the House of Representatives
apprised of current rulings or advisory opinions when potentially constituting
changes to or interpretations of existing policies.
TITLE VI--FORFEITURE OF RETIREMENT BENEFITS
SEC. 601. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS
FOR ABUSING THE PUBLIC TRUST.
(a) Civil Service Retirement System- Section 8332 of title 5, United States
Code, is amended by adding at the end the following:
`(o)(1) Notwithstanding any other provision of this subchapter, the service
of an individual finally convicted of an offense described in paragraph
(2) shall not be taken into account for purposes of this subchapter, except
that this sentence applies only to service rendered as a Member (irrespective
of when rendered). Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to which
the preceding sentence applies.
`(2)(A) An offense described in this paragraph is any offense described
in subparagraph (B) for which the following apply:
`(i) Every act or omission of the individual (referred to in paragraph
(1)) that is needed to satisfy the elements of the offense occurs while
the individual is a Member.
`(ii) Every act or omission of the individual that is needed to satisfy
the elements of the offense directly relates to the performance of the
individual's official duties as a Member.
`(iii) The offense is committed after the date of enactment of this subsection.
`(B) An offense described in this subparagraph is only the following, and
only to the extent that the offense is a felony under title 18:
`(i) An offense under section 201 of title 18 (bribery of public officials
and witnesses).
`(ii) An offense under section 219 of title 18 (officers and employees
acting as agents of foreign principals).
`(iii) An offense under section 371 of title 18 (conspiracy to commit
offense or to defraud United States) to the extent of any conspiracy to
commit an act which constitutes an offense under clause (i) or (ii).
`(3) An individual convicted of an offense described in paragraph (2) shall
not, after the date of the final conviction, be eligible to participate
in the retirement system under this subchapter or chapter 84 while serving
as a Member.
`(4) The Office of Personnel Management shall prescribe any regulations
necessary to carry out this subsection. Such regulations shall include--
`(A) provisions under which interest on any lump-sum payment under the
second sentence of paragraph (1) shall be limited in a manner similar
to that specified in the last sentence of section 8316(b); and
`(B) provisions under which the Office may provide for--
`(i) the payment, to the spouse or children of any individual referred
to in the first sentence of paragraph (1), of any amounts which (but
for this clause) would otherwise have been nonpayable by reason of such
first sentence, but only to the extent that the application of this
clause is considered necessary given the totality of the circumstances;
and
`(ii) an appropriate adjustment in the amount of any lump-sum payment
under the second sentence of paragraph (1) to reflect the application
of clause (i).
`(5) For purposes of this subsection--
`(A) the term `Member' has the meaning given such term by section 2106,
notwithstanding section 8331(2); and
`(B) the term `child' has the meaning given such term by section 8341.'.
(b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM- Section 8411 of title 5, United
States Code, is amended by adding at the end the following:
`(l)(1) Notwithstanding any other provision of this chapter, the service
of an individual finally convicted of an offense described in paragraph
(2) shall not be taken into account for purposes of this chapter, except
that this sentence applies only to service rendered as a Member (irrespective
of when rendered). Any such individual (or other person determined under
section 8424(d), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to which
the preceding sentence applies.
`(2) An offense described in this paragraph is any offense described in
section 8332(o)(2)(B) for which the following apply:
`(A) Every act or omission of the individual (referred to in paragraph
(1)) that is needed to satisfy the elements of the offense occurs while
the individual is a Member.
`(B) Every act or omission of the individual that is needed to satisfy
the elements of the offense directly relates to the performance of the
individual's official duties as a Member.
`(C) The offense is committed after the date of enactment of this subsection.
`(3) An individual finally convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to participate
in the retirement system under this chapter while serving as a Member.
`(4) The Office of Personnel Management shall prescribe any regulations
necessary to carry out this subsection. Such regulations shall include--
`(A) provisions under which interest on any lump-sum payment under the
second sentence of paragraph (1) shall be limited in a manner similar
to that specified in the last sentence of section 8316(b); and
`(B) provisions under which the Office may provide for--
`(i) the payment, to the spouse or children of any individual referred
to in the first sentence of paragraph (1), of any amounts which (but
for this clause) would otherwise have been nonpayable by reason of such
first sentence, but only to the extent that the application of this
clause is considered necessary given the totality of the circumstances;
and
`(ii) an appropriate adjustment in the amount of any lump-sum payment
under the second sentence of paragraph (1) to reflect the application
of clause (i).
`(5) For purposes of this subsection--
`(A) the term `Member' has the meaning given such term by section 2106,
notwithstanding section 8401(20); and
`(B) the term `child' has the meaning given such term by section 8341.'.
TITLE VII--LEADERSHIP PACS
SEC. 701. RESTRICTIONS ON DISPOSITION OF FUNDS BY LEADERSHIP PACS.
(a) Restrictions- Section 313 of the Federal Election Campaign Act of 1971
(2 U.S.C. 439a) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection:
`(b) Use of Funds by Leadership PACs-
`(1) USES PERMITTED- The funds of a leadership PAC may be used by the
leadership PAC--
`(A) for otherwise authorized expenditures in connection with campaigns
for election for Federal office;
`(B) for charitable contributions described in section 170(c) of the
Internal Revenue Code of 1986; or
`(C) for transfers to a national, State, or local committee of a political
party (subject to the applicable limitations of this Act).
`(2) LEADERSHIP PAC DEFINED- In this subsection, the term `leadership
PAC' means a political committee which is directly or indirectly established,
maintained, or controlled by a candidate for election for Federal office
or an individual holding Federal office but is not an authorized committee
of the candidate or individual, except that such term does not include
any political committee of a political party.'.
(b) Conforming Amendment Regarding Conversion of Funds to Personal Use-
Section 313(c) of such Act (2 U.S.C. 439a(c)), as redesignated by subsection
(a), is amended by inserting after `subsection (a)' the following: `or funds
of a leadership PAC described in subsection (b)'.
(c) Effective Date- The amendments made by this section shall apply with
respect to elections occurring after December 2006.
TITLE VIII--ETHICS TRAINING FOR LOBBYISTS
SEC. 801. ETHICS TRAINING FOR LOBBYISTS.
(a) Training Course- During each Congress, the Committee on Standards of
Official Conduct of the House of Representatives shall provide an 8-hour
ethics training course to persons registered as lobbyists under the Lobbying
Disclosure Act of 1995.
(b) Contents of Course- Training under subsection (a) shall cover information
on the code of conduct and disclosure requirements applicable to Members,
officers, and employees of the House of Representatives, including rules
relating to acceptance of gifts (including travel and meals), and financial
disclosure requirements under the Ethics in Government Act of 1978.
(c) Penalties for Failure to Complete Training- Any person who is registered
or required to register as a lobbyist under the Lobbying Disclosure Act
of 1995 and who fails to complete the training course under subsection (a)
at least once during each Congress shall be subject to the penalties under
section 7 of that Act to the same extent as a failure to comply with any
provision of that Act.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. BRIBERY.
Section 201(a)(3) of title 18, United States Code, is amended by inserting
`including an earmark as defined in section 501(d) of the Lobbying Accountability
and Transparency Act of 2006,' after `controversy,'.
TITLE X--527 REFORM ACT OF 2006
SEC. 1001. SHORT TITLE.
This title may be cited as the `527 Reform Act of 2006'.
SEC. 1002. TREATMENT OF SECTION 527 ORGANIZATIONS.
(a) Definition of Political Committee- Section 301(4) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(4)) is amended--
(1) by striking the period at the end of subparagraph (C) and inserting
`; or'; and
(2) by adding at the end the following:
`(D) any applicable 527 organization.'.
(b) Definition of Applicable 527 Organization- Section 301 of such Act (2
U.S.C. 431) is amended by adding at the end the following new paragraph:
`(27) Applicable 527 Organization-
`(A) IN GENERAL- For purposes of paragraph (4)(D), the term `applicable
527 organization' means a committee, club, association, or group of persons
that--
`(i) has given notice to the Secretary of the Treasury under section
527(i) of the Internal Revenue Code of 1986 that it is to be treated
as an organization described in section 527 of such Code; and
`(ii) is not described in subparagraph (B).
`(B) EXCEPTED ORGANIZATIONS- A committee, club, association, or other
group of persons described in this subparagraph is--
`(i) an organization described in section 527(i)(5) of the Internal
Revenue Code of 1986;
`(ii) an organization which is a committee, club, association or other
group of persons that is organized, operated, and makes disbursements
exclusively for paying expenses described in the last sentence of section
527(e)(2) of the Internal Revenue Code of 1986 or expenses of a newsletter
fund described in section 527(g) of such Code;
`(iii) an organization which is a committee, club, association, or other
group that consists solely of candidates for State or local office,
individuals holding State or local office, or any combination of either,
but only if the organization refers only to one or more non-Federal
candidates or applicable State or local issues in all of its voter drive
activities and does not refer to a Federal candidate or a political
party in any of its voter drive activities; or
`(iv) an organization described in subparagraph (C).
`(C) APPLICABLE ORGANIZATION- For purposes of subparagraph (B)(iv), an
organization described in this subparagraph is a committee, club, association,
or other group of persons whose election or nomination activities relate
exclusively to--
`(i) elections where no candidate for Federal office appears on the
ballot; or
`(ii) one or more of the following purposes:
`(I) Influencing the selection, nomination, election, or appointment
of one or more candidates to non-Federal offices.
`(II) Influencing one or more applicable State or local issues.
`(III) Influencing the selection, appointment, nomination, or confirmation
of one or more individuals to non-elected offices.
`(D) EXCLUSIVITY TEST- A committee, club, association, or other group
of persons shall not be treated as meeting the exclusivity requirement
of subparagraph (C) if it makes disbursements aggregating more than $1,000
for any of the following:
`(i) A public communication that promotes, supports, attacks, or opposes
a clearly identified candidate for Federal office during the 1-year
period ending on the date of the general election for the office sought
by the clearly identified candidate (or, if a runoff election is held
with respect to such general election, on the date of the runoff election).
`(ii) Any voter drive activity during a calendar year, except that no
disbursements for any voter drive activity shall be taken into account
under this subparagraph if the committee, club, association, or other
group of persons during such calendar year--
`(I) makes disbursements for voter drive activities with respect to
elections in only 1 State and complies with all applicable election
laws of that State, including laws related to registration and reporting
requirements and contribution limitations;
`(II) refers to one or more non-Federal candidates or applicable State
or local issues in all of its voter drive activities and does not
refer to any Federal candidate or any political party in any of its
voter drive activities;
`(III) does not have a candidate for Federal office, an individual
who holds any Federal office, a national political party, or an agent
of any of the foregoing, control or materially participate in the
direction of the organization, solicit contributions to the organization
(other than funds which are described under clauses (i) and (ii) of
section 323(e)(1)(B)), or direct disbursements, in whole or in part,
by the organization; and
`(IV) makes no contributions to Federal candidates.
`(E) CERTAIN REFERENCES TO FEDERAL CANDIDATES NOT TAKEN INTO ACCOUNT-
For purposes of subparagraphs (B)(iii) and (D)(ii)(II), a voter drive
activity shall not be treated as referring to a clearly identified Federal
candidate if the only reference to the candidate in the activity is--
`(i) a reference in connection with an election for a non-Federal office
in which such Federal candidate is also a candidate for such non-Federal
office; or
`(ii) a reference to the fact that the candidate has endorsed a non-Federal
candidate or has taken a position on an applicable State or local issue,
including a reference that constitutes the endorsement or position itself.
`(F) CERTAIN REFERENCES TO POLITICAL PARTIES NOT TAKEN INTO ACCOUNT- For
purposes of subparagraphs (B)(iii) and (D)(ii)(II), a voter drive activity
shall not be treated as referring to a political party if the only reference
to the party in the activity is--
`(i) a reference for the purpose of identifying a non-Federal candidate;
`(ii) a reference for the purpose of identifying the entity making the
public communication or carrying out the voter drive activity; or
`(iii) a reference in a manner or context that does not reflect support
for or opposition to a Federal candidate or candidates and does reflect
support for or opposition to a State or local candidate or candidates
or an applicable State or local issue.
`(G) APPLICABLE STATE OR LOCAL ISSUE- For purposes of this paragraph,
the term `applicable State or local issue' means any State or local ballot
initiative, State or local referendum, State or local constitutional amendment,
State or local bond issue, or other State or local ballot issue.'.
(c) Definition of Voter Drive Activity- Section 301 of such Act (2 U.S.C.
431), as amended by subsection (b), is further amended by adding at the
end the following new paragraph:
`(28) Voter Drive Activity- The term `voter drive activity' means any of
the following activities conducted in connection with an election in which
a candidate for Federal office appears on the ballot (regardless of whether
a candidate for State or local office also appears on the ballot):
`(A) Voter registration activity.
`(B) Voter identification.
`(C) Get-out-the-vote activity.
`(D) Generic campaign activity.
`(E) Any public communication related to activities described in subparagraphs
(A) through (D).
Such term shall not include any activity described in subparagraph (A) or
(B) of section 316(b)(2).'.
SEC. 1003. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON-FEDERAL
ACTIVITIES.
(a) In General- Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the following:
`SEC. 325. ALLOCATION AND FUNDING RULES FOR CERTAIN EXPENSES RELATING
TO FEDERAL AND NON-FEDERAL ACTIVITIES.
`(a) In General- In the case of any disbursements by any political committee
that is a separate segregated fund or nonconnected committee for which allocation
rules are provided under subsection (b)--
`(1) the disbursements shall be allocated between Federal and non-Federal
accounts in accordance with this section and regulations prescribed by
the Commission; and
`(2) in the case of disbursements allocated to non-Federal accounts, may
be paid only from a qualified non-Federal account.
`(b) Costs to Be Allocated and Allocation Rules-
`(1) IN GENERAL- Disbursements by any separate segregated fund or nonconnected
committee, other than an organization described in section 323(b)(1),
for any of the following categories of activity shall be allocated as
follows:
`(A) 100 percent of the expenses for public communications or voter
drive activities that refer to one or more clearly identified Federal
candidates, but do not refer to any clearly identified non-Federal candidates,
shall be paid with funds from a Federal account, without regard to whether
the communication refers to a political party.
`(B) At least 50 percent, or a greater percentage if the Commission
so determines by regulation, of the expenses for public communications
and voter drive activities that refer to one or more clearly identified
candidates for Federal office and one or more clearly identified non-Federal
candidates shall be paid with funds from a Federal account, without
regard to whether the communication refers to a political party.
`(C) At least 50 percent, or a greater percentage if the Commission
so determines by regulation, of the expenses for public communications
or voter drive activities that refer to a political party, but do not
refer to any clearly identified Federal or non-Federal candidate, shall
be paid with funds from a Federal account, except that this paragraph
shall not apply to communications or activities that relate exclusively
to elections where no candidate for Federal office appears on the ballot.
`(D) At least 50 percent, or a greater percentage if the Commission
so determines by regulation, of the expenses for public communications
or voter drive activities that refer to a political party and refer
to one or more clearly identified non-Federal candidates, but do not
refer to any clearly identified Federal candidates, shall be paid with
funds from a Federal account, except that this paragraph shall not apply
to communications or activities that relate exclusively to elections
where no candidate for Federal office appears on the ballot.
`(E) Unless otherwise determined by the Commission in its regulations,
at least 50 percent of any administrative expenses, including rent,
utilities, office supplies, and salaries not attributable to a clearly
identified candidate, shall be paid with funds from a Federal account,
except that for a separate segregated fund such expenses may be paid
instead by its connected organization.
`(F) At least 50 percent, or a greater percentage if the Commission
so determines by regulation, of the direct costs of a fundraising program
or event, including disbursements for solicitation of funds and for
planning and administration of actual fundraising events, where Federal
and non-Federal funds are collected through such program or event shall
be paid with funds from a Federal account, except that for a separate
segregated fund such costs may be paid instead by its connected organization.
This paragraph shall not apply to any fundraising solicitations or any
other activity that constitutes a public communication.
`(2) CERTAIN REFERENCES TO FEDERAL CANDIDATES NOT TAKEN INTO ACCOUNT-
For purposes of paragraph (1), a public communication or voter drive activity
shall not be treated as referring to a clearly identified Federal candidate
if the only reference to the candidate in the communication or activity
is--
`(A) a reference in connection with an election for a non-Federal office
in which such Federal candidate is also a candidate for such non-Federal
office; or
`(B) a reference to the fact that the candidate has endorsed a non-Federal
candidate or has taken a position on an applicable State or local issue
(as defined in section 301(27)(G)), including a reference that constitutes
the endorsement or position itself.
`(3) CERTAIN REFERENCES TO POLITICAL PARTIES NOT TAKEN INTO ACCOUNT- For
purposes of paragraph (1), a public communication or voter drive activity
shall not be treated as referring to a political party if the only reference
to the party in the communication or activity is--
`(A) a reference for the purpose of identifying a non-Federal candidate;
`(B) a reference for the purpose of identifying the entity making the
public communication or carrying out the voter drive activity; or
`(C) a reference in a manner or context that does not reflect support
for or opposition to a Federal candidate or candidates and does reflect
support for or opposition to a State or local candidate or candidates
or an applicable State or local issue.
`(c) Qualified Non-Federal Account-
`(1) IN GENERAL- For purposes of this section, the term `qualified non-Federal
account' means an account which consists solely of amounts--
`(A) that, subject to the limitations of paragraphs (2) and (3), are
raised by the separate segregated fund or nonconnected committee only
from individuals, and
`(B) with respect to which all requirements of Federal, State, or local
law (including any law relating to contribution limits) are met.
`(2) LIMITATION ON INDIVIDUAL DONATIONS-
`(A) IN GENERAL- A separate segregated fund or nonconnected committee
may not accept more than $25,000 in funds for its qualified non-Federal
account from any one individual in any calendar year.
`(B) AFFILIATION- For purposes of this paragraph, all qualified non-Federal
accounts of separate segregated funds or nonconnected committees which
are directly or indirectly established, financed, maintained, or controlled
by the same person or persons shall be treated as one account.
`(3) FUNDRAISING LIMITATION-
`(A) IN GENERAL- No donation to a qualified non-Federal account may
be solicited, received, directed, transferred, or spent by or in the
name of any person described in subsection (a) or (e) of section 323.
`(B) FUNDS NOT TREATED AS SUBJECT TO ACT- Except as provided in subsection
(a)(2) and this subsection, any funds raised for a qualified non-Federal
account in accordance with the requirements of this section shall not
be considered funds subject to the limitations, prohibitions, and reporting
requirements of this Act for any purpose (including for purposes of
subsection (a) or (e) of section 323 or subsection (d)(1) of this section).
`(1) FEDERAL ACCOUNT- The term `Federal account' means an account which
consists solely of contributions subject to the limitations, prohibitions,
and reporting requirements of this Act. Nothing in this section or in
section 323(b)(2)(B)(iii) shall be construed to infer that a limit other
than the limit under section 315(a)(1)(C) applies to contributions to
the account.
`(2) NONCONNECTED COMMITTEE- The term `nonconnected committee' shall not
include a political committee of a political party.
`(3) VOTER DRIVE ACTIVITY- The term `voter drive activity' has the meaning
given such term in section 301(28).'.
(b) Reporting Requirements- Section 304(e) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434(e)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5);
and
(2) by inserting after paragraph (2) the following new paragraph:
`(3) RECEIPTS AND DISBURSEMENTS FROM QUALIFIED NON-FEDERAL ACCOUNTS- In
addition to any other reporting requirement applicable under this Act,
a political committee to which section 325(a) applies shall report all
receipts and disbursements from a qualified non-Federal account (as defined
in section 325(c)).'.
SEC. 1004. REPEAL OF LIMIT ON AMOUNT OF PARTY EXPENDITURES ON BEHALF OF
CANDIDATES IN GENERAL ELECTIONS.
(a) Repeal of Limit- Section 315(d) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(d)) is amended--
(A) by striking `(1) Notwithstanding any other provision of law with
respect to limitations on expenditures or limitations on contributions,
the national committee' and inserting `Notwithstanding any other provision
of law with respect to limitations on amounts of expenditures or contributions,
a national committee',
(B) by striking `the general' and inserting `any', and
(C) by striking `Federal office, subject to the limitations contained
in paragraphs (2), (3), and (4) of this subsection' and inserting `Federal
office in any amount'; and
(2) by striking paragraphs (2), (3), and (4).
(b) Conforming Amendments-
(1) INDEXING- Section 315(c) of such Act (2 U.S.C. 441a(c)) is amended--
(A) in paragraph (1)(B)(i), by striking `(d),'; and
(B) in paragraph (2)(B)(i), by striking `subsections (b) and (d)' and
inserting `subsection (b)'.
(2) INCREASE IN LIMITS FOR SENATE CANDIDATES FACING WEALTHY OPPONENTS-
Section 315(i) of such Act (2 U.S.C. 441a(i)(1)) is amended--
(A) in paragraph (1)(C)(iii)--
(i) by adding `and' at the end of subclause (I),
(ii) in subclause (II), by striking `; and' and inserting a period,
and
(iii) by striking subclause (III);
(B) in paragraph (2)(A) in the matter preceding clause (i), by striking
`, and a party committee shall not make any expenditure,';
(C) in paragraph (2)(A)(ii), by striking `and party expenditures previously
made'; and
(D) in paragraph (2)(B), by striking `and a party shall not make any
expenditure'.
(3) INCREASE IN LIMITS FOR HOUSE CANDIDATES FACING WEALTHY OPPONENTS-
Section 315A(a) of such Act (2 U.S.C. 441a-1(a)) is amended--
(i) by adding `and' at the end of subparagraph (A),
(ii) in subparagraph (B), by striking `; and' and inserting a period,
and
(iii) by striking subparagraph (C);
(B) in paragraph (3)(A) in the matter preceding clause (i), by striking
`, and a party committee shall not make any expenditure,';
(C) in paragraph (3)(A)(ii), by striking `and party expenditures previously
made'; and
(D) in paragraph (3)(B), by striking `and a party shall not make any
expenditure'.
SEC. 1005. CONSTRUCTION.
No provision of this title, or amendment made by this title, shall be construed--
(1) as approving, ratifying, or endorsing a regulation promulgated by
the Federal Election Commission;
(2) as establishing, modifying, or otherwise affecting the definition
of political organization for purposes of the Internal Revenue Code of
1986; or
(3) as affecting the determination of whether a group organized under
section 501(c) of the Internal Revenue Code of 1986 is a political committee
under section 301(4) of the Federal Election Campaign Act of 1971.
SEC. 1006. JUDICIAL REVIEW.
(a) Special Rules for Actions Brought on Constitutional Grounds- If any
action is brought for declaratory or injunctive relief to challenge the
constitutionality of any provision of this title or any amendment made by
this title, the following rules shall apply:
(1) The action shall be filed in the United States District Court for
the District of Columbia and shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(2) A copy of the complaint shall be delivered promptly to the Clerk of
the House of Representatives and the Secretary of the Senate.
(3) A final decision in the action shall be reviewable only by appeal
directly to the Supreme Court of the United States. Such appeal shall
be taken by the filing of a notice of appeal within 10 days, and the filing
of a jurisdictional statement within 30 days, of the entry of the final
decision.
(4) It shall be the duty of the United States District Court for the District
of Columbia and the Supreme Court of the United States to advance on the
docket and to expedite to the greatest possible extent the disposition
of the action and appeal.
(b) Intervention by Members of Congress- In any action in which the constitutionality
of any provision of this title or any amendment made by this title is raised
(including but not limited to an action described in subsection (a)), any
Member of the House of Representatives (including a Delegate or Resident
Commissioner to Congress) or Senate shall have the right to intervene either
in support of or opposition to the position of a party to the case regarding
the constitutionality of the provision or amendment. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action, the
court in any such action may make such orders as it considers necessary,
including orders to require intervenors taking similar positions to file
joint papers or to be represented by a single attorney at oral argument.
(c) Challenge by Members of Congress- Any Member of Congress may bring an
action, subject to the special rules described in subsection (a), for declaratory
or injunctive relief to challenge the constitutionality of any provision
of this title or any amendment made by this title.
(1) INITIAL CLAIMS- With respect to any action initially filed on or before
December 31, 2008, the provisions of subsection (a) shall apply with respect
to each action described in such subsection.
(2) SUBSEQUENT ACTIONS- With respect to any action initially filed after
December 31, 2008, the provisions of subsection (a) shall not apply to
any action described in such subsection unless the person filing such
action elects such provisions to apply to the action.
SEC. 1007. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of the enactment
of this Act.
Passed the House of Representatives May 3, 2006.
Attest:
Clerk.
109th CONGRESS
2d Session
H. R. 4975
AN ACT
To provide greater transparency with respect to lobbying activities, to
amend the Federal Election Campaign Act of 1971 to clarify when organizations
described in section 527 of the Internal Revenue Code of 1986 must register
as political committees, and for other purposes.
END
