Authorizing Statute

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 735

Public Law 110–81
110th Congress
An Act
To provide greater transparency in the legislative process.

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 2007’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

Sept. 14, 2007
[S. 1]
Honest
Leadership
and Open
Government
Act of 2007.
2 USC 1601 note.

Sec. 1. Short title and table of contents.
TITLE I—CLOSING THE REVOLVING DOOR
Sec. 101. Amendments to restrictions on former officers, employees, and elected officials of the executive and legislative branches.
Sec. 102. Wrongfully influencing a private entity’s employment decisions or practices.
Sec. 103. Notification of post-employment restrictions.
Sec. 104. Exception to restrictions on former officers, employees, and elected officials of the executive and legislative branch.
Sec. 105. Effective date.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.

Sec. 207.
Sec. 208.
Sec. 209.
Sec. 210.
Sec. 211.
Sec. 212.

dkrause on GSDDPC29 with PUBLIC LAWS

Sec. 213.
Sec. 214.
Sec. 215.

TITLE II—FULL PUBLIC DISCLOSURE OF LOBBYING
Quarterly filing of lobbying disclosure reports.
Additional disclosure.
Semiannual reports on certain contributions.
Disclosure of bundled contributions.
Electronic filing of lobbying disclosure reports.
Prohibition on provision of gifts or travel by registered lobbyists to Members of Congress and to congressional employees.
Disclosure of lobbying activities by certain coalitions and associations.
Disclosure by registered lobbyists of past executive branch and congressional employment.
Public availability of lobbying disclosure information; maintenance of information.
Disclosure of enforcement for noncompliance.
Increased civil and criminal penalties for failure to comply with lobbying
disclosure requirements.
Electronic filing and public database for lobbyists for foreign governments.
Comptroller General audit and annual report.
Sense of Congress.
Effective date.

TITLE III—MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES
Sec. 301. Disclosure by Members and staff of employment negotiations.
Sec. 302. Prohibition on lobbying contacts with spouse of Member who is a registered lobbyist.
Sec. 303. Treatment of firms and other businesses whose members serve as House
committee consultants.
Sec. 304. Posting of travel and financial disclosure reports on public website of
Clerk of the House of Representatives.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00001

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 736

PUBLIC LAW 110–81—SEPT. 14, 2007

Sec. 305. Prohibiting participation in lobbyist-sponsored events during political conventions.
Sec. 306. Exercise of rulemaking Authority.
TITLE IV—CONGRESSIONAL PENSION ACCOUNTABILITY
Sec. 401. Loss of pensions accrued during service as a Member of Congress for
abusing the public trust.
TITLE V—SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Sec.
Sec.
Sec.
Sec.
Sec.

511.
512.
513.
514.
515.

Subtitle A—Procedural Reform
Amendments to rule XXVIII.
Notice of objecting to proceeding.
Public availability of Senate committee and subcommittee meetings.
Amendments and motions to recommit.
Sense of the Senate on conference committee protocols.

Subtitle B—Earmark Reform
Sec. 521. Congressionally directed spending.
Subtitle C—Revolving Door Reform
Sec. 531. Post-employment restrictions.
Sec. 532. Disclosure by Members of Congress and staff of employment negotiations.
Sec. 533. Elimination of floor privileges for former Members, Senate officers, and
Speakers of the House who are registered lobbyists or seek financial
gain.
Sec. 534. Influencing hiring decisions.
Sec. 535. Notification of post-employment restrictions.
Subtitle D—Gift and Travel Reform
Sec. 541. Ban on gifts from registered lobbyists and entities that hire registered
lobbyists.
Sec. 542. National party conventions.
Sec. 543. Proper valuation of tickets to entertainment and sporting events.
Sec. 544. Restrictions on registered lobbyist participation in travel and disclosure.
Sec. 545. Free attendance at a constituent event.
Sec. 546. Senate privately paid travel public website.
Subtitle E—Other Reforms
Sec. 551. Compliance with lobbying disclosure.
Sec. 552. Prohibit official contact with spouse or immediate family member of Member who is a registered lobbyist.
Sec. 553. Mandatory Senate ethics training for Members and staff.
Sec. 554. Annual report by Select Committee on Ethics.
Sec. 555. Exercise of rulemaking powers.
Sec. 556. Effective date and general provisions.
TITLE VI—PROHIBITED USE OF PRIVATE AIRCRAFT
Sec. 601. Restrictions on Use of Campaign Funds for Flights on Noncommercial
Aircraft.
TITLE VII—MISCELLANEOUS PROVISIONS
Sec. 701. Sense of the Congress that any applicable restrictions on congressional officials and employees should apply to the executive and judicial
branches.
Sec. 702. Knowing and willful falsification or failure to report.
Sec. 703. Rule of construction.

TITLE I—CLOSING THE REVOLVING
DOOR

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 101. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS,
EMPLOYEES, AND ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES.

(a) VERY SENIOR EXECUTIVE PERSONNEL.—The matter after
subparagraph (C) in section 207(d)(1) of title 18, United States

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 737

Code, is amended by striking ‘‘within 1 year’’ and inserting ‘‘within
2 years’’.
(b) RESTRICTIONS ON LOBBYING BY MEMBERS OF CONGRESS AND
EMPLOYEES OF CONGRESS.—Subsection (e) of section 207 of title
18, United States Code, is amended—
(1) by redesignating paragraph (7) as paragraph (9);
(2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
(3) by striking paragraph (1) and inserting the following:
‘‘(1) MEMBERS OF CONGRESS AND ELECTED OFFICERS OF
THE HOUSE.—
‘‘(A) SENATORS.—Any person who is a Senator and
who, within 2 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or
employee of either House of Congress or any employee
of any other legislative office of the Congress, on behalf
of any other person (except the United States) in connection
with any matter on which such former Senator seeks action
by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished
as provided in section 216 of this title.
‘‘(B) MEMBERS AND OFFICERS OF THE HOUSE OF REPRESENTATIVES.—(i) Any person who is a Member of the
House of Representatives or an elected officer of the House
of Representatives and who, within 1 year after that person
leaves office, knowingly makes, with the intent to influence,
any communication to or appearance before any of the
persons described in clause (ii) or (iii), on behalf of any
other person (except the United States) in connection with
any matter on which such former Member of Congress
or elected officer seeks action by a Member, officer, or
employee of either House of Congress, in his or her official
capacity, shall be punished as provided in section 216 of
this title.
‘‘(ii) The persons referred to in clause (i) with respect
to appearances or communications by a former Member
of the House of Representatives are any Member, officer,
or employee of either House of Congress and any employee
of any other legislative office of the Congress.
‘‘(iii) The persons referred to in clause (i) with respect
to appearances or communications by a former elected
officer are any Member, officer, or employee of the House
of Representatives.
‘‘(2) OFFICERS AND STAFF OF THE SENATE.—Any person who
is an elected officer of the Senate, or an employee of the
Senate to whom paragraph (7)(A) applies, and who, within
1 year after that person leaves office or employment, knowingly
makes, with the intent to influence, any communication to
or appearance before any Senator or any officer or employee
of the Senate, on behalf of any other person (except the United
States) in connection with any matter on which such former
elected officer or former employee seeks action by a Senator
or an officer or employee of the Senate, in his or her official
capacity, shall be punished as provided in section 216 of this
title.’’;

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

121 STAT. 738

PUBLIC LAW 110–81—SEPT. 14, 2007
(4) in paragraph (3) (as redesignated by paragraph (2)
of this subsection)—
(A) in subparagraph (A), by striking ‘‘of a Senator
or an employee of a Member of the House of Representatives’’ and inserting ‘‘of a Member of the House of Representatives to whom paragraph (7)(A) applies’’; and
(B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘Senator or’’; and
(ii) in clause (ii), by striking ‘‘Senator or’’;
(5) in paragraph (4) (as redesignated by paragraph (2)
of this subsection)—
(A) by striking ‘‘committee of Congress’’ and inserting
‘‘committee of the House of Representatives, or an employee
of a joint committee of the Congress whose pay is disbursed
by the Clerk of the House of Representatives, to whom
paragraph (7)(A) applies’’; and
(B) by inserting ‘‘or joint committee (as the case may
be)’’ after ‘‘committee’’ each subsequent place that term
appears;
(6) in paragraph (5) (as redesignated by paragraph (2)
of this subsection)—
(A) in subparagraph (A), by striking ‘‘or an employee
on the leadership staff of the Senate’’ and inserting ‘‘to
whom paragraph (7)(A) applies’’; and
(B) in subparagraph (B), by striking ‘‘the following:’’
and all that follows through the end of clause (ii) and
inserting ‘‘any Member of the leadership of the House
of Representatives and any employee on the leadership
staff of the House of Representatives.’’;
(7) in paragraph (6)(A) (as redesignated by paragraph (2)
of this subsection), by inserting ‘‘to whom paragraph (7)(B)
applies’’ after ‘‘office of the Congress’’;
(8) in paragraph (7) (as redesignated by paragraph (2)
of this subsection)—
(A) in subparagraph (A), by striking ‘‘and (4)’’ and
inserting ‘‘(4), and (5)’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘(5)’’ and inserting ‘‘(6)’’;
(ii) in subparagraph (B), by striking ‘‘(or any comparable adjustment pursuant to interim authority of
the President)’’; and
(iii) by striking ‘‘level 5 of the Senior Executive
Service’’ and inserting ‘‘level IV of the Executive
Schedule’’;
(9) by inserting after paragraph (7) (as redesignated by
paragraph (2) of this subsection) the following:
‘‘(8) EXCEPTION.—This subsection shall not apply to contacts with the staff of the Secretary of the Senate or the
Clerk of the House of Representatives regarding compliance
with lobbying disclosure requirements under the Lobbying
Disclosure Act of 1995.’’; and
(10) in paragraph (9)(G) (as redesignated by paragraph
(1) of this subsection)—
(A) by striking ‘‘the Copyright Royalty Tribunal,’’; and
(B) by striking ‘‘or (4)’’ and inserting ‘‘(4), or (5)’’.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 739

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

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

Penalties.

18 USC 227 note.

‘‘227. Wrongfully influencing a private entity’s employment decisions by a Member
of Congress.’’.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 103. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.

2 USC 104d.

(a) NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.—After
a Member of Congress or an elected officer of either House of
Congress leaves office, or after the termination of employment
with the House of Representatives or the Senate of an employee
who is covered under paragraph (2), (3), (4), or (5) of section 207(e)
of title 18, United States Code, the Clerk of the House of Representatives, after consultation with the Committee on Standards of Official Conduct, or the Secretary of the Senate, as the case may
be, shall notify the Member, officer, or employee of the beginning
and ending date of the prohibitions that apply to the Member,
officer, or employee under section 207(e) of that title.
(b) POSTING ON INTERNET.—The Clerk of the House of Representatives, with respect to notifications under subsection (a)
relating to Members, officers, and employees of the House, and
the Secretary of the Senate, with respect to such notifications
relating to Members, officers, and employees of the Senate, shall
post the information contained in such notifications on the public
Internet site of the Office of the Clerk or the Secretary of the
Senate, as the case may be, in a format that, to the extent technically practicable, is searchable, sortable, and downloadable.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 740

PUBLIC LAW 110–81—SEPT. 14, 2007

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 104. EXCEPTION TO RESTRICTIONS ON FORMER OFFICERS,
EMPLOYEES, AND ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCH.

18 USC 207 note.

VerDate Aug 31 2005

09:57 Sep 18, 2007

(a) IN GENERAL.—Section 207(j)(1) of title 18, United States
Code, is amended—
(1) by striking ‘‘The restrictions’’ and inserting the following:
‘‘(A) IN GENERAL.—The restrictions’’;
(2) by moving the remaining text 2 ems to the right; and
(3) by adding at the end the following:
‘‘(B) TRIBAL ORGANIZATIONS AND INTER-TRIBAL CONSORTIUMS.—The restrictions contained in this section shall not
apply to acts authorized by section 104(j) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450i(j)).’’.
(b) CONFORMING AMENDMENT.—Section 104(j) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450i(j))
is amended to read as follows:
‘‘(j) Anything in sections 205 and 207 of title 18, United States
Code, to the contrary notwithstanding—
‘‘(1) an officer or employee of the United States assigned
to a tribal organization (as defined in section 4(l)) or an intertribal consortium (as defined in section 501), as authorized
under section 3372 of title 5, United States Code, or section
2072 of the Revised Statutes (25 U.S.C. 48) may act as agent
or attorney for, and appear on behalf of, such tribal organization
or inter-tribal consortium in connection with any matter related
to a tribal governmental activity or Federal Indian program
or service pending before any department, agency, court, or
commission, including any matter in which the United States
is a party or has a direct and substantial interest: Provided,
That such officer or employee must advise in writing the head
of the department, agency, court, or commission with which
the officer or employee is dealing or appearing on behalf of
the tribal organization or inter-tribal consortium of any personal and substantial involvement with the matter involved;
and
‘‘(2) a former officer or employee of the United States
who is carrying out official duties as an employee or as an
elected or appointed official of a tribal organization (as defined
in section 4(l)) or inter-tribal consortium (as defined in section
501) may act as agent or attorney for, and appear on behalf
of, such tribal organization or intra-tribal consortium in connection with any matter related to a tribal governmental activity
or Federal Indian program or service pending before any department, agency, court, or commission, including any matter in
which the United States is a party or has a direct and substantial interest: Provided, That such former officer or employee
must advise in writing the head of the department, agency,
court, or commission with which the former officer or employee
is dealing or appearing on behalf of the tribal organization
or inter-tribal consortium of any personal and substantial
involvement that he or she may have had as an officer or
employee of the United States in connection with the matter
involved.’’.
(c) EFFECT OF SECTION.—Except as expressly identified in this
section and in the amendments made by this section, nothing in

Jkt 059139

PO 00081

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 741

this section or the amendments made by this section affects any
other provision of law.
SEC. 105. EFFECTIVE DATE.

(a) SECTION 101.—The amendments made by section 101 shall
apply to individuals who leave Federal office or employment to
which such amendments apply on or after the date of adjournment
of the first session of the 110th Congress sine die or December
31, 2007, whichever date is earlier.
(b) SECTION 102.—The amendments made by section 102 shall
take effect on the date of the enactment of this Act.
(c) SECTION 103.—
(1) NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.—
Subsection (a) of section 103 shall take effect on the 60th
day after the date of the enactment of this Act.
(2) POSTING OF INFORMATION.—Subsection (b) of section
103 shall take effect January 1, 2008, except that the Secretary
of the Senate and the Clerk of the House of Representatives
shall post the information contained in notifications required
by that subsection that are made on or after the effective
date provided under paragraph (1) of this subsection.
(d) SECTION 104.—The amendments made by section 104 shall
take effect on the date of the enactment of this Act, except that
section 104(j)(2) of the Indian Self-Determination and Education
Assistance Act (as amended by section 104(b)) shall apply to individuals who leave Federal office or employment to which such amendments apply on or after the 60th day after the date of the enactment
of this Act.

18 USC 207 note.

2 USC 227 note.
2 USC 104d note.

25 USC 450i
note.

TITLE II—FULL PUBLIC DISCLOSURE
OF LOBBYING

dkrause on GSDDPC29 with PUBLIC LAWS

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 ‘‘45 days’’ and all that follows through
‘‘section 4,’’ and inserting ‘‘20 days after the end of the
quarterly period beginning on the first day of January,
April, July, and October of each year in which a registrant
is registered under section 4, or on the first business day
after such 20th day if the 20th day is not a business
day,’’; and
(C) by striking ‘‘such semiannual period’’ and inserting
‘‘such quarterly period’’; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘semiannual report’’ and inserting ‘‘quarterly report’’;
(B) in paragraph (2), by striking ‘‘semiannual filing
period’’ and inserting ‘‘quarterly period’’;
(C) in paragraph (3), by striking ‘‘semiannual period’’
and inserting ‘‘quarterly period’’; and
(D) in paragraph (4), by striking ‘‘semiannual filing
period’’ and inserting ‘‘quarterly period’’.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 742

PUBLIC LAW 110–81—SEPT. 14, 2007
(b) CONFORMING AMENDMENTS.—
(1) DEFINITION.—Section 3(10) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602) is amended by striking ‘‘six month
period’’ and inserting ‘‘3-month period’’.
(2) REGISTRATION.—Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is amended—
(A) in subsection (a)(1), by inserting after ‘‘earlier,’’
the following: ‘‘or on the first business day after such
45th day if the 45th day is not a business day,’’; and
(B) in subsection (a)(3)(A), by striking ‘‘semiannual
period’’ and inserting ‘‘quarterly period’’.
(3) ENFORCEMENT.—Section 6 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by
striking ‘‘semiannual period’’ and inserting ‘‘quarterly period’’.
(4) ESTIMATES.—Section 15 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1610) is amended—
(A) in subsection (a)(1), by striking ‘‘semiannual period’’
and inserting ‘‘quarterly period’’; and
(B) in subsection (b)(1), by striking ‘‘semiannual period’’
and inserting ‘‘quarterly period’’.
(5) DOLLAR AMOUNTS.—Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is further amended—
(A) in subsection (a)(3)(A)(i), by striking ‘‘$5,000’’ and
inserting ‘‘$2,500’’;
(B) in subsection (a)(3)(A)(ii), by striking ‘‘$20,000’’ and
inserting ‘‘$10,000’’;
(C) in subsection (b)(3)(A), by striking ‘‘$10,000’’ and
inserting ‘‘$5,000’’; and
(D) in subsection (b)(4), by striking ‘‘$10,000’’ and
inserting ‘‘$5,000’’.
(6) REPORTS.—Section 5(c) of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1604(c)) is further amended—
(A) in paragraph (1), by striking ‘‘$10,000’’ and
‘‘$20,000’’ and inserting ‘‘$5,000’’ and ‘‘$10,000’’, respectively; and
(B) in paragraph (2), by striking ‘‘$10,000’’ both places
such term appears and inserting ‘‘$5,000’’.

SEC. 202. ADDITIONAL DISCLOSURE.

Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ after the semicolon;
(2) in paragraph (4), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end of the following:
‘‘(5) for each client, immediately after listing the client,
an identification of whether the client is a State or local government or a department, agency, special purpose district, or other
instrumentality controlled by one or more State or local governments.’’.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 203. SEMIANNUAL REPORTS ON CERTAIN CONTRIBUTIONS.

(a) OTHER CONTRIBUTIONS.—Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is further amended by adding
at the end the following:
‘‘(d) SEMIANNUAL REPORTS ON CERTAIN CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—Not later than 30 days after the end
of the semiannual period beginning on the first day of January

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 743

and July of each year, or on the first business day after such
30th day if the 30th day is not a business day, each person
or organization who is registered or is required to register
under paragraph (1) or (2) of section 4(a), and each employee
who is or is required to be listed as a lobbyist under section
4(b)(6) or subsection (b)(2)(C) of this section, shall file a report
with the Secretary of the Senate and the Clerk of the House
of Representatives containing—
‘‘(A) the name of the person or organization;
‘‘(B) in the case of an employee, his or her employer;
‘‘(C) the names of all political committees established
or controlled by the person or organization;
‘‘(D) the name of each Federal candidate or officeholder,
leadership PAC, or political party committee, to whom
aggregate contributions equal to or exceeding $200 were
made by the person or organization, or a political committee
established or controlled by the person or organization
within the semiannual period, and the date and amount
of each such contribution made within the semiannual
period;
‘‘(E) the date, recipient, and amount of funds contributed or disbursed during the semiannual period by the
person or organization or a political committee established
or controlled by the person or organization—
‘‘(i) to pay the cost of an event to honor or recognize
a covered legislative branch official or covered executive branch official;
‘‘(ii) to an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official;
‘‘(iii) to an entity established, financed, maintained,
or controlled by a covered legislative branch official
or covered executive branch official, or an entity designated by such official; or
‘‘(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or in the name
of, 1 or more covered legislative branch officials or
covered executive branch officials,
except that this subparagraph shall not apply if the funds
are provided to a person who is required to report the
receipt of the funds under section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434);
‘‘(F) the name of each Presidential library foundation,
and each Presidential inaugural committee, to whom contributions equal to or exceeding $200 were made by the
person or organization, or a political committee established
or controlled by the person or organization, within the
semiannual period, and the date and amount of each such
contribution within the semiannual period; and
‘‘(G) a certification by the person or organization filing
the report that the person or organization—
‘‘(i) has read and is familiar with those provisions
of the Standing Rules of the Senate and the Rules
of the House of Representatives relating to the provision of gifts and travel; and
‘‘(ii) has not provided, requested, or directed a
gift, including travel, to a Member of Congress or an

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 744

2 USC 1604 note.

PUBLIC LAW 110–81—SEPT. 14, 2007

officer or employee of either House of Congress with
knowledge that receipt of the gift would violate rule
XXXV of the Standing Rules of the Senate or rule
XXV of the Rules of the House of Representatives.
‘‘(2) DEFINITION.—In this subsection, the term ‘leadership
PAC’ has the meaning given such term in section 304(i)(8)(B)
of the Federal Election Campaign Act of 1971.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to the first semiannual period described
in section 5(d)(1) of the Lobbying Disclosure Act of 1995 (as added
by this section) that begins after the date of the enactment of
this Act and each succeeding semiannual period.
(c) REPORT ON REQUIRING QUARTERLY REPORTS.—The Clerk
of the House of Representatives and the Secretary of the Senate
shall submit a report to the Congress, not later than 1 year after
the date on which the first reports are required to be made under
section 5(d) of the Lobbying Disclosure Act of 1995 (as added
by this section), on the feasibility of requiring the reports under
such section 5(d) to be made on a quarterly, rather than a semiannual, basis.
(d) SENSE OF CONGRESS.—It is the sense of the Congress that
after the end of the 2-year period beginning on the day on which
the amendment made by subsection (a) of this section first applies,
the reports required under section 5(d) of the Lobbying Disclosure
Act of 1995 (as added by this section) should be made on a quarterly
basis if it is practicably feasible to do so.
SEC. 204. DISCLOSURE OF BUNDLED CONTRIBUTIONS.

dkrause on GSDDPC29 with PUBLIC LAWS

Reports.

VerDate Aug 31 2005

09:57 Sep 18, 2007

(a) DISCLOSURE.—Section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
following new subsection:
‘‘(i) DISCLOSURE OF BUNDLED CONTRIBUTIONS.—
‘‘(1) REQUIRED DISCLOSURE.—Each committee described in
paragraph (6) shall include in the first report required to be
filed under this section after each covered period (as defined
in paragraph (2)) a separate schedule setting forth the name,
address, and employer of each person reasonably known by
the committee to be a person described in paragraph (7) who
provided 2 or more bundled contributions to the committee
in an aggregate amount greater than the applicable threshold
(as defined in paragraph (3)) during the covered period, and
the aggregate amount of the bundled contributions provided
by each such person during the covered period.
‘‘(2) COVERED PERIOD.—In this subsection, a ‘covered period’
means, with respect to a committee—
‘‘(A) the period beginning January 1 and ending June
30 of each year;
‘‘(B) the period beginning July 1 and ending December
31 of each year; and
‘‘(C) any reporting period applicable to the committee
under this section during which any person described in
paragraph (7) provided 2 or more bundled contributions
to the committee in an aggregate amount greater than
the applicable threshold.
‘‘(3) APPLICABLE THRESHOLD.—
‘‘(A) IN GENERAL.—In this subsection, the ‘applicable
threshold’ is $15,000, except that in determining whether

Jkt 059139

PO 00081

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 745

the amount of bundled contributions provided to a committee by a person described in paragraph (7) exceeds
the applicable threshold, there shall be excluded any contribution made to the committee by the person or the
person’s spouse.
‘‘(B) INDEXING.—In any calendar year after 2007, section 315(c)(1)(B) shall apply to the amount applicable under
subparagraph (A) in the same manner as such section
applies to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except
that for purposes of applying such section to the amount
applicable under subparagraph (A), the ‘base period’ shall
be 2006.
‘‘(4) PUBLIC AVAILABILITY.—The Commission shall ensure
that, to the greatest extent practicable—
‘‘(A) information required to be disclosed under this
subsection is publicly available through the Commission
website in a manner that is searchable, sortable, and
downloadable; and
‘‘(B) the Commission’s public database containing
information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of
the Senate and the Clerk of the House of Representatives
containing information filed pursuant to the Lobbying
Disclosure Act of 1995.
‘‘(5) REGULATIONS.—Not later than 6 months after the date
of enactment of the Honest Leadership and Open Government
Act of 2007, the Commission shall promulgate regulations to
implement this subsection. Under such regulations, the
Commission—
‘‘(A) may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph (1) by a committee which files reports under this
section more frequently than on a quarterly basis;
‘‘(B) shall provide guidance to committees with respect
to whether a person is reasonably known by a committee
to be a person described in paragraph (7), which shall
include a requirement that committees consult the websites
maintained by the Secretary of the Senate and the Clerk
of the House of Representatives containing information
filed pursuant to the Lobbying Disclosure Act of 1995;
‘‘(C) may not exempt the activity of a person described
in paragraph (7) from disclosure under this subsection on
the grounds that the person is authorized to engage in
fundraising for the committee or any other similar grounds;
and
‘‘(D) shall provide for the broadest possible disclosure
of activities described in this subsection by persons
described in paragraph (7) that is consistent with this
subsection.
‘‘(6) COMMITTEES DESCRIBED.—A committee described in
this paragraph is an authorized committee of a candidate,
a leadership PAC, or a political party committee.
‘‘(7) PERSONS DESCRIBED.—A person described in this paragraph is any person, who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

Websites.

Internet.

Deadlines.

APPS06

PsN: PUBL081

121 STAT. 746

2 USC 434 note.

PUBLIC LAW 110–81—SEPT. 14, 2007

is received by a committee as described in paragraph (8)(A)(ii),
is—
‘‘(A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995;
‘‘(B) an individual who is listed on a current registration filed under section 4(b)(6) of such Act or a current
report under section 5(b)(2)(C) of such Act; or
‘‘(C) a political committee established or controlled by
such a registrant or individual.
‘‘(8) DEFINITIONS.—For purposes of this subsection, the following definitions apply:
‘‘(A) BUNDLED CONTRIBUTION.—The term ‘bundled contribution’ means, with respect to a committee described
in paragraph (6) and a person described in paragraph
(7), a contribution (subject to the applicable threshold)
which is—
‘‘(i) forwarded from the contributor or contributors
to the committee by the person; or
‘‘(ii) received by the committee from a contributor
or contributors, but credited by the committee or candidate involved (or, in the case of a leadership PAC,
by the individual referred to in subparagraph (B)
involved) to the person through records, designations,
or other means of recognizing that a certain amount
of money has been raised by the person.
‘‘(B) LEADERSHIP PAC.—The term ‘leadership PAC’
means, with respect to a candidate for election to Federal
office or an individual holding Federal office, a political
committee that is directly or indirectly established,
financed, maintained or controlled by the candidate or the
individual but which is not an authorized committee of
the candidate or individual and which is not affiliated
with an authorized committee of the candidate or individual, except that such term does not include a political
committee of a political party.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to reports filed under section 304 of the
Federal Election Campaign Act after the expiration of the 3-month
period which begins on the date that the regulations required
to be promulgated by the Federal Election Commission under section 304(i)(5) of such Act (as added by subsection (a)) become
final.
SEC. 205. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

dkrause on GSDDPC29 with PUBLIC LAWS

Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604) is further amended by adding at the end the following:
‘‘(e) 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 the Secretary of the Senate or the Clerk
of the House of Representatives may require or allow. The Secretary
of the Senate and the Clerk of the House of Representatives shall
use the same electronic software for receipt and recording of filings
under this Act.’’.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 747

SEC. 206. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND
TO CONGRESSIONAL EMPLOYEES.

(a) PROHIBITION.—The Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.) is amended by adding at the end the following:
‘‘SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND
TO CONGRESSIONAL EMPLOYEES.

‘‘(a) PROHIBITION.—Any person described in subsection (b) may
not make a gift or provide travel to a covered legislative branch
official if the person has knowledge that the gift or travel may
not be accepted by that covered legislative branch official under
the Rules of the House of Representatives or the Standing Rules
of the Senate (as the case may be).
‘‘(b) PERSONS SUBJECT TO PROHIBITION.—The persons subject
to the prohibition under subsection (a) are any lobbyist that is
registered or is required to register under section 4(a)(1), any
organization that employs 1 or more lobbyists and is registered
or is required to register under section 4(a)(2), and any employee
listed or required to be listed as a lobbyist by a registrant under
section 4(b)(6) or 5(b)(2)(C).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act.

2 USC 1613.

2 USC 1613 note.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 207. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND ASSOCIATIONS.

(a) IN GENERAL.—
(1) DISCLOSURE.—Section 4(b)(3) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(b)(3)) is amended—
(A) by amending subparagraph (A) to read as follows:
‘‘(A) contributes more than $5,000 to the registrant
or the client in the quarterly period to fund the lobbying
activities of the registrant; and’’; and
(B) by amending subparagraph (B) to read as follows:
‘‘(B) actively participates in the planning, supervision,
or control of such lobbying activities;’’.
(2) UPDATING OF INFORMATION.—Section 5(b)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)(1)) is amended
by inserting ‘‘, including information under section 4(b)(3)’’ after
‘‘initial registration’’.
(b) NO DONOR OR MEMBERSHIP LIST DISCLOSURE.—Section 4(b)
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended
by adding at the end the following:
‘‘No disclosure is required under paragraph (3)(B) if the organization
that would be identified as affiliated with the client is listed on
the client’s publicly accessible Internet website as being a member
of or contributor to the client, unless the organization in whole
or in major part plans, supervises, or controls such lobbying activities. If a registrant relies upon the preceding sentence, the registrant must disclose the specific Internet address of the web page
containing the information relied upon. Nothing in paragraph (3)(B)
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
that paragraph.’’.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 748

PUBLIC LAW 110–81—SEPT. 14, 2007

SEC. 208. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE BRANCH AND CONGRESSIONAL EMPLOYMENT.

Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(b)(6)) is amended by striking ‘‘in the 2 years’’ and all that
follows through ‘‘Act)’’ and inserting ‘‘in the 20 years before the
date on which the employee first acted’’.
Internet.

SEC. 209. PUBLIC AVAILABILITY OF LOBBYING DISCLOSURE INFORMATION; MAINTENANCE OF INFORMATION.

(a) PUBLIC AVAILABILITY.—Section 6 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1605) is further amended—
(1) in paragraph (7), by striking ‘‘and’’ at the end;
(2) in paragraph (8), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
‘‘(9) maintain all registrations and reports filed under this
Act, and make them available to the public over the Internet,
without a fee or other access charge, in a searchable, sortable,
and downloadable manner, to the extent technically practicable,
that—
‘‘(A) includes the information contained in the registrations and reports;
‘‘(B) is searchable and sortable to the maximum extent
practicable, including searchable and sortable by each of
the categories of information described in section 4(b) or
5(b); and
‘‘(C) provides electronic links or other appropriate
mechanisms to allow users to obtain relevant information
in the database of the Federal Election Commission; and
‘‘(10) retain the information contained in a registration
or report filed under this Act for a period of 6 years after
the registration or report (as the case may be) is filed.’’.
(b) AVAILABILITY OF REPORTS.—Section 6(4) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting
before the semicolon at the end the following: ‘‘and, in the case
of a report filed in electronic form under section 5(e), make such
report available for public inspection over the Internet as soon
as technically practicable 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 the Lobbying Disclosure Act of 1995
(2 U.S.C. 1605), as added by subsection (a) of this section.
SEC. 210. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.

dkrause on GSDDPC29 with PUBLIC LAWS

Public
information.
Deadline.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1605) is further amended—
(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) IN GENERAL.—The Secretary’’; ;
(2) in paragraph (9), by striking ‘‘and’’ at the end;
(3) in paragraph (10), by striking the period and inserting
‘‘; and’’;
(4) by adding after paragraph (10) the following:
‘‘(11) make publicly available, on a semiannual basis, the
aggregate number of registrants referred to the United States
Attorney for the District of Columbia for noncompliance as
required by paragraph (8).’’; and
(5) by adding at the end the following:

Jkt 059139

PO 00081

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 749

‘‘(b) ENFORCEMENT REPORT.—
‘‘(1) REPORT.—The Attorney General shall report to the
congressional committees referred to in paragraph (2), after
the end of each semiannual period beginning on January 1
and July 1, the aggregate number of enforcement actions taken
by the Department of Justice under this Act during that semiannual period and, by case, any sentences imposed, except
that such report shall not include the names of individuals,
or personally identifiable information, that is not already a
matter of public record.
‘‘(2) COMMITTEES.—The congressional committees referred
to in paragraph (1) are the Committee on Homeland Security
and Governmental Affairs and the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives.’’.
SEC. 211. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE
TO COMPLY WITH LOBBYING DISCLOSURE REQUIREMENTS.

(a) IN GENERAL.—Section 7 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1606) is amended—
(1) by striking ‘‘Whoever’’ and inserting ‘‘(a) CIVIL PENALTY.—Whoever’’;
(2) by striking ‘‘$50,000’’ and inserting ‘‘$200,000’’; and
(3) by adding at the end the following:
‘‘(b) CRIMINAL PENALTY.—Whoever knowingly and corruptly
fails to comply with any provision of this Act shall be imprisoned
for not more than 5 years or fined under title 18, United States
Code, or both.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to any violation committed on or after the date
of the enactment of this Act.

2 USC 1606 note.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 212. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS
FOR FOREIGN GOVERNMENTS.

(a) ELECTRONIC FILING.—Section 2 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612), is amended
by adding at the end the following new subsection:
‘‘(g) ELECTRONIC FILING OF REGISTRATION STATEMENTS AND
SUPPLEMENTS.—A registration statement or supplement 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 Attorney
General.’’.
(b) PUBLIC DATABASE.—Section 6 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 616), is amended
by adding at the end the following new subsection:
‘‘(d) PUBLIC DATABASE OF REGISTRATION STATEMENTS AND
UPDATES.—
‘‘(1) IN GENERAL.—The Attorney General shall maintain,
and make available to the public over the Internet, without
a fee or other access charge, in a searchable, sortable, and
downloadable manner, to the extent technically practicable,
an electronic database that—
‘‘(A) includes the information contained in registration
statements and updates filed under this Act; and
‘‘(B) is searchable and sortable, at a minimum, by
each of the categories of information described in section
2(a).

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

Internet.

APPS06

PsN: PUBL081

121 STAT. 750

22 USC 612 note.

PUBLIC LAW 110–81—SEPT. 14, 2007

‘‘(2) ACCOUNTABILITY.—The Attorney General shall make
each registration statement and update filed in electronic form
pursuant to section 2(g) available for public inspection over
the Internet as soon as technically practicable after the registration statement or update is filed.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the 90th day after the date of the enactment
of this Act.
SEC. 213. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.

(a) ANNUAL AUDITS AND REPORTS.—The Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.) is further amended by adding
at the end the following:
‘‘SEC. 26. ANNUAL AUDITS AND REPORTS BY COMPTROLLER GENERAL.

2 USC 1614.

dkrause on GSDDPC29 with PUBLIC LAWS

2 USC 1614 note.

VerDate Aug 31 2005

09:57 Sep 18, 2007

‘‘(a) AUDIT.—On an annual basis, the Comptroller General shall
audit the extent of compliance or noncompliance with the requirements of this Act by lobbyists, lobbying firms, and registrants
through a random sampling of publicly available lobbying registrations and reports filed under this Act during each calendar year.
‘‘(b) REPORTS TO CONGRESS.—
‘‘(1) ANNUAL REPORTS.—Not later than April 1 of each
year, the Comptroller General shall submit to the Congress
a report on the review required by subsection (a) for the preceding calendar year. The report shall include the Comptroller
General’s assessment of the matters required to be emphasized
by that subsection and any recommendations of the Comptroller
General to—
‘‘(A) improve the compliance by lobbyists, lobbying
firms, and registrants with the requirements of this Act;
and
‘‘(B) provide the Department of Justice with the
resources and authorities needed for the effective enforcement of this Act.
‘‘(2) ASSESSMENT OF COMPLIANCE.—The annual report
under paragraph (1) shall include an assessment of compliance
by registrants with the requirements of section 4(b)(3).
‘‘(c) ACCESS TO INFORMATION.—The Comptroller General may,
in carrying out this section, request information from and access
to any relevant documents from any person registered under paragraph (1) or (2) of section 4(a) and each employee who is listed
as a lobbyist under section 4(b)(6) or section 5(b)(2)(C) if the material requested relates to the purposes of this section. The Comptroller General may request such person to submit in writing such
information as the Comptroller General may prescribe. The Comptroller General may notify the Congress in writing if a person
from whom information has been requested under this subsection
refuses to comply with the request within 45 days after the request
is made.’’.
(b) INITIAL AUDIT AND REPORT.—The initial audit under subsection (a) of section 26 of the Lobbying Disclosure Act of 1995
(as added by subsection (a) of this section) shall be made with
respect to lobbying registrations and reports filed during the first
calendar quarter of 2008, and the initial report under subsection
(b) of such section shall be filed, with respect to those registrations
and reports, not later than 6 months after the end of that calendar
quarter.

Jkt 059139

PO 00081

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 751

SEC. 214. SENSE OF CONGRESS.

It is the sense of the Congress that—
(1) the use of a family relationship by a lobbyist who
is an immediate family member of a Member of Congress
to gain special advantages over other lobbyists is inappropriate;
and
(2) the lobbying community should develop proposals for
multiple self-regulatory organizations which could—
(A) provide for the creation of standards for the
organizations appropriate to the type of lobbying and
individuals to be served;
(B) provide training for the lobbying community on
law, ethics, reporting requirements, and disclosure requirements;
(C) provide for the development of educational materials for the public on how to responsibly hire a lobbyist
or lobby firm;
(D) provide standards regarding reasonable fees
charged to clients;
(E) provide for the creation of a third-party certification
program that includes ethics training; and
(F) provide for disclosure of requirements to clients
regarding fee schedules and conflict of interest rules.
SEC. 215. EFFECTIVE DATE.

2 USC 434 note.

Except as otherwise provided in sections 203, 204, 206, 211,
212, and 213, the amendments made by this title shall apply
with respect to registrations under the Lobbying Disclosure Act
of 1995 having an effective date of January 1, 2008, or later and
with respect to quarterly reports under that Act covering calendar
quarters beginning on or after January 1, 2008.

TITLE III—MATTERS RELATING TO THE
HOUSE OF REPRESENTATIVES
SEC. 301. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT
NEGOTIATIONS.

(a) IN GENERAL.—The Rules of the House of Representatives
are amended by redesignating rules XXVII and XXVIII as rules
XXVIII and XXIX, respectively, and by inserting after rule XXVI
the following new rule:
‘‘RULE XXVII

dkrause on GSDDPC29 with PUBLIC LAWS

‘‘DISCLOSURE

BY

MEMBERS AND STAFF
NEGOTIATIONS

OF

EMPLOYMENT

‘‘1. A Member, Delegate, or Resident Commissioner shall not
directly negotiate or have any agreement of future employment
or compensation until after his or her successor has been elected,
unless such Member, Delegate, or Resident Commissioner, within
3 business days after the commencement of such negotiation or
agreement of future employment or compensation, files with the
Committee on Standards of Official Conduct a statement, which
must be signed by the Member, Delegate, or Resident Commissioner, regarding such negotiations or agreement, including the

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

Deadline.

APPS06

PsN: PUBL081

121 STAT. 752

Notification.

Deadline.

Notification.

Public
information.

PUBLIC LAW 110–81—SEPT. 14, 2007

name of the private entity or entities involved in such negotiations
or agreement, and the date such negotiations or agreement commenced.
‘‘2. An officer or an employee of the House earning in excess
of 75 percent of the salary paid to a Member shall notify the
Committee on Standards of Official Conduct that he or she is
negotiating or has any agreement of future employment or compensation.
‘‘3. The disclosure and notification under this rule shall be
made within 3 business days after the commencement of such
negotiation or agreement of future employment or compensation.
‘‘4. A Member, Delegate, or Resident Commissioner, and an
officer or employee to whom this rule applies, shall recuse himself
or herself from any matter in which there is a conflict of interest
or an appearance of a conflict for that Member, Delegate, Resident
Commissioner, officer, or employee under this rule and shall notify
the Committee on Standards of Official Conduct of such recusal.
A Member, Delegate, or Resident Commissioner making such
recusal shall, upon such recusal, submit to the Clerk for public
disclosure the statement of disclosure under clause 1 with respect
to which the recusal was made.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply to negotiations commenced, and agreements entered
into, on or after that date.
SEC. 302. PROHIBITION ON LOBBYING CONTACTS WITH SPOUSE OF
MEMBER WHO IS A REGISTERED LOBBYIST.

Rule XXV of the Rules of the House of Representatives is
amended by adding at the end the following new clause:
‘‘7. A Member, Delegate, or Resident Commissioner shall prohibit all staff employed by that Member, Delegate, or Resident
Commissioner (including staff in personal, committee, and leadership offices) from making any lobbying contact (as defined in section
3 of the Lobbying Disclosure Act of 1995) with that individual’s
spouse if that spouse is a lobbyist under the Lobbying Disclosure
Act of 1995 or is employed or retained by such a lobbyist for
the purpose of influencing legislation.’’.
SEC. 303. TREATMENT OF FIRMS AND OTHER BUSINESSES WHOSE
MEMBERS SERVE AS HOUSE COMMITTEE CONSULTANTS.

Clause 18(b) of rule XXIII of the Rules of the House of Representatives is amended by adding at the end the following: ‘‘In
the case of such an individual who is a member or employee
of a firm, partnership, or other business organization, the other
members and employees of the firm, partnership, or other business
organization shall be subject to the same restrictions on lobbying
that apply to the individual under this paragraph.’’.

dkrause on GSDDPC29 with PUBLIC LAWS

2 USC 104e.

SEC. 304. POSTING OF TRAVEL AND FINANCIAL DISCLOSURE REPORTS
ON PUBLIC WEBSITE OF CLERK OF THE HOUSE OF REPRESENTATIVES.

(a) REQUIRING POSTING ON INTERNET.—The Clerk of the House
of Representatives shall post on the public Internet site of the
Office of the Clerk, in a format that is searchable, sortable, and
downloadable, to the extent technically practicable, each of the
following:

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 753

(1) The advance authorizations, certifications, and disclosures filed with respect to transportation, lodging, and related
expenses for travel under clause 5(b) of rule XXV of the Rules
of the House of Representatives by Members (including Delegates and Resident Commissioners to the Congress), officers,
and employees of the House.
(2) The reports filed under section 103(h)(1) of the Ethics
in Government Act of 1978 by Members of the House of Representatives (including Delegates and Resident Commissioners
to the Congress).
(b) APPLICABILITY AND TIMING.—
(1) APPLICABILITY.—Subject to paragraph (2), subsection
(a) shall apply with respect to information received by the
Clerk of the House of Representatives on or after the date
of the enactment of this Act.
(2) TIMING.—The Clerk of the House of Representatives
shall—
(A) not later than August 1, 2008, post the information
required by subsection (a) that the Clerk receives by June
1, 2008; and
(B) not later than the end of each 45-day period occurring after information is required to be posted under
subparagraph (A), post the information required by subsection (a) that the Clerk has received since the last posting
under this subsection.
(3) OMISSION OF PERSONALLY IDENTIFIABLE INFORMATION.—
Members of the House of Representatives (including Delegates
and Resident Commissioners to the Congress) shall be permitted to omit personally identifiable information not required
to be disclosed on the reports posted on the public Internet
site under this section (such as home address, Social Security
numbers, personal bank account numbers, home telephone, and
names of children) prior to the posting of such reports on
such public Internet site.
(4) ASSISTANCE IN PROTECTING PERSONAL INFORMATION.—
The Clerk of the House of Representatives, in consultation
with the Committee on Standards of Official Conduct, shall
include in any informational materials concerning any disclosure that will be posted on the public Internet site under
this section an explanation of the procedures for protecting
personally identifiable information as described in this section.
(c) RETENTION.—The Clerk shall maintain the information
posted on the public Internet site of the Office of the Clerk under
this section for a period of 6 years after receiving the information.

Deadlines.

Records.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 305. PROHIBITING PARTICIPATION IN LOBBYIST-SPONSORED
EVENTS DURING POLITICAL CONVENTIONS.

Rule XXV of the Rules of the House of Representatives, as
amended by section 302, is amended by adding at the end the
following new clause:
‘‘8. During the dates on which the national political party
to which a Member (including a Delegate or Resident Commissioner)
belongs holds its convention to nominate a candidate for the office
of President or Vice President, the Member may not participate
in an event honoring that Member, other than in his or her capacity
as a candidate for such office, if such event is directly paid for
by a registered lobbyist under the Lobbying Disclosure Act of 1995

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00019

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 754

PUBLIC LAW 110–81—SEPT. 14, 2007

or a private entity that retains or employs such a registered lobbyist.’’.
2 USC 104e note.

SEC. 306. EXERCISE OF RULEMAKING AUTHORITY.

The provisions of this title are adopted by the House of Representatives—
(1) as an exercise of the rulemaking power of the House;
and
(2) with full recognition of the constitutional right of the
House to change those rules at any time, in the same manner,
and to the same extent as in the case of any other rule of
the House.

TITLE IV—CONGRESSIONAL PENSION
ACCOUNTABILITY
SEC. 401. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A
MEMBER OF CONGRESS FOR ABUSING THE PUBLIC
TRUST.

dkrause on GSDDPC29 with PUBLIC LAWS

Applicability.

VerDate Aug 31 2005

09:57 Sep 18, 2007

(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:
‘‘(i) An offense under section 201 of title 18 (relating to
bribery of public officials and witnesses).
‘‘(ii) An offense under section 219 of title 18 (relating to
officers and employees acting as agents of foreign principals).
‘‘(iii) An offense under section 1343 of title 18 (relating
to fraud by wire, radio, or television, including as part of
a scheme to deprive citizens of honest services thereby).
‘‘(iv) An offense under section 104(a) of the Foreign Corrupt
Practices Act of 1977 (relating to prohibited foreign trade practices by domestic concerns).
‘‘(v) An offense under section 1957 of title 18 (relating
to engaging in monetary transactions in property derived from
specified unlawful activity).

Jkt 059139

PO 00081

Frm 00020

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 755

‘‘(vi) An offense under section 1512 of title 18 (relating
to tampering with a witness, victim, or an informant).
‘‘(vii) An offense under chapter 96 of title 18 (relating
to racketeer influenced and corrupt organizations).
‘‘(viii) An offense under section 371 of title 18 (relating
to conspiracy to commit offense or to defraud United States),
to the extent of any conspiracy to commit an act which constitutes—
‘‘(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi),
or (vii); or
‘‘(II) an offense under section 207 of title 18 (relating
to restrictions on former officers, employees, and elected
officials of the executive and legislative branches).
‘‘(ix) Perjury committed under section 1621 of title 18 in
falsely denying the commission of an act which constitutes—
‘‘(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi),
or (vii); or
‘‘(II) an offense under clause (viii), to the extent provided in such clause.
‘‘(x) Subornation of perjury committed under section 1622
of title 18 in connection with the false denial or false testimony
of another individual as specified in clause (ix).
‘‘(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,
subject to paragraph (5); 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) Regulations to carry out clause (i) of paragraph (4)(B)
shall include provisions to ensure that the authority to make any
payment to the spouse or children of an individual under such
clause shall be available only to the extent that the application
of such clause is considered necessary and appropriate taking into
account the totality of the circumstances, including the financial
needs of the spouse or children, whether the spouse or children
participated in an offense described in paragraph (2) of which
such individual was finally convicted, and what measures, if any,
may be necessary to ensure that the convicted individual does
not benefit from any such payment.
‘‘(6) For purposes of this subsection—
‘‘(A) the terms ‘finally convicted’ and ‘final conviction’ refer
to a conviction (i) which has not been appealed and is no
longer appealable because the time for taking an appeal has

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00021

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

Regulations.

APPS06

PsN: PUBL081

121 STAT. 756

Applicability.

dkrause on GSDDPC29 with PUBLIC LAWS

Regulations.

VerDate Aug 31 2005

09:57 Sep 18, 2007

PUBLIC LAW 110–81—SEPT. 14, 2007

expired, or (ii) which has been appealed and the appeals process
for which is completed;
‘‘(B) the term ‘Member’ has the meaning given such term
by section 2106, notwithstanding section 8331(2); and
‘‘(C) 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 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 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,
subject to paragraph (5); 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) Regulations to carry out clause (i) of paragraph (4)(B)
shall include provisions to ensure that the authority to make any
payment under such clause to the spouse or children of an individual shall be available only to the extent that the application
of such clause is considered necessary and appropriate taking into
account the totality of the circumstances, including the financial
needs of the spouse or children, whether the spouse or children
participated in an offense described in paragraph (2) of which
such individual was finally convicted, and what measures, if any,

Jkt 059139

PO 00081

Frm 00022

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 757

may be necessary to ensure that the convicted individual does
not benefit from any such payment.
‘‘(6) For purposes of this subsection—
‘‘(A) the terms ‘finally convicted’ and ‘final conviction’ refer
to a conviction (i) which has not been appealed and is no
longer appealable because the time for taking an appeal has
expired, or (ii) which has been appealed and the appeals process
for which is completed;
‘‘(B) the term ‘Member’ has the meaning given such term
by section 2106, notwithstanding section 8401(20); and
‘‘(C) the term ‘child’ has the meaning given such term
by section 8441.’’.

TITLE V—SENATE LEGISLATIVE
TRANSPARENCY AND ACCOUNTABILITY
Subtitle A—Procedural Reform

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 511. AMENDMENTS TO RULE XXVIII.

(a) OUT OF SCOPE MATERIAL AMENDMENT.—Rule XXVIII of
the Standing Rules of the Senate is amended by—
(1) redesignating paragraphs 4 through 6 as paragraphs
6 through 8, respectively; and
(2) striking paragraphs 2 and 3 and inserting the following:
‘‘2. (a) Conferees shall not insert in their report matter not
committed to them by either House, nor shall they strike from
the bill matter agreed to by both Houses.
‘‘(b) If matter which was agreed to by both Houses is stricken
from the bill a point of order may be made against the report,
and if the point of order is sustained, the report is rejected or
shall be recommitted to the committee of conference if the House
of Representatives has not already acted thereon.
‘‘(c) If new matter is inserted in the report, a point of order
may be made against the conference report and it shall be disposed
of as provided under paragraph 4.
‘‘3. (a) In any case in which a disagreement to an amendment
in the nature of a substitute has been referred to conferees—
‘‘(1) it shall be in order for the conferees to report a substitute on the same subject matter;
‘‘(2) the conferees may not include in the report matter
not committed to them by either House; and
‘‘(3) the conferees may include in their report in any such
case matter which is a germane modification of subjects in
disagreement.
‘‘(b) In any case in which the conferees violate subparagraph
(a), a point of order may be made against the conference report
and it shall be disposed of as provided under paragraph 4.
‘‘4. (a) A Senator may raise a point of order that one or more
provisions of a conference report violates paragraph 2 or paragraph
3, as the case may be. The Presiding Officer may sustain the
point of order as to some or all of the provisions against which
the Senator raised the point of order.
‘‘(b) If the Presiding Officer sustains the point of order as
to any of the provisions against which the Senator raised the
point of order, then those provisions against which the Presiding

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00023

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

121 STAT. 758

PUBLIC LAW 110–81—SEPT. 14, 2007

Officer sustains the point of order shall be stricken. After all other
points of order under this paragraph have been disposed of—
‘‘(1) the Senate shall proceed to consider the question of
whether the Senate should recede from its amendment to the
House bill, or its disagreement to the amendment of the House,
and concur with a further amendment, which further amendment shall consist of only that portion of the conference report
that has not been stricken;
‘‘(2) the question in clause (1) shall be decided under the
same debate limitation as the conference report; and
‘‘(3) no further amendment shall be in order.
‘‘5. (a) Any Senator may move to waive any or all points
of order under paragraph 2 or 3 with respect to the pending conference report by an affirmative vote of three-fifths of the Members,
duly chosen and sworn. All motions to waive under this paragraph
shall be debatable collectively for not to exceed 1 hour equally
divided between the Majority Leader and the Minority Leader or
their designees. A motion to waive all points of order under this
paragraph shall not be amendable.
‘‘(b) All appeals from rulings of the Chair under paragraph
4 shall be debatable collectively for not to exceed 1 hour, equally
divided between the Majority and the Minority Leader or their
designees. An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the Senate
to sustain an appeal of the ruling of the Chair under paragraph
4.’’.
(b) PUBLIC AVAILABILITY AMENDMENT.—
(1) IN GENERAL.—Rule XXVIII of the Standing Rules of
the Senate is amended by adding at the end the following:
‘‘9. (a)(1) It shall not be in order to vote on the adoption
of a report of a committee of conference unless such report has
been available to Members and to the general public for at least
48 hours before such vote. If a point of order is sustained under
this paragraph, then the conference report shall be set aside.
‘‘(2) For purposes of this paragraph, a report of a committee
of conference is made available to the general public as of the
time it is posted on a publicly accessible website controlled by
a Member, committee, Library of Congress, or other office of Congress, or the Government Printing Office, as reported to the Presiding Officer by the Secretary of the Senate.
‘‘(b)(1) This paragraph may be waived in the Senate with
respect to the pending conference report by an affirmative vote
of three-fifths of the Members, duly chosen and sworn. A motion
to waive this paragraph shall be debatable for not to exceed 1
hour equally divided between the Majority Leader and the Minority
Leader or their designees.
‘‘(2) An affirmative vote of three-fifths of the Members, duly
chosen and sworn, shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised under this paragraph.
An appeal of the ruling of the Chair shall be debatable for not
to exceed 1 hour equally divided between the Majority and the
Minority Leader or their designees
‘‘(c) This paragraph may be waived by joint agreement of the
Majority Leader and the Minority Leader of the Senate, upon their
certification that such waiver is necessary as a result of a significant
disruption to Senate facilities or to the availability of the Internet.’’.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00024

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 759

(2) IMPLEMENTATION.—Not later than 60 days after the
date of enactment of this section, the Committee on Rules
and Administration, in consultation with the Secretary of the
Senate and the Clerk of the House of Representatives, and
the Government Printing Office shall promulgate regulations
for the implementation of the requirements of paragraph 9
of rule XXVIII of the Standing Rules of the Senate, as added
by this section.
SEC. 512. NOTICE OF OBJECTING TO PROCEEDING.

Deadline.
Regulations.

2 USC 30b.

(a) IN GENERAL.—The Majority and Minority Leaders of the
Senate or their designees shall recognize a notice of intent of
a Senator who is a member of their caucus to object to proceeding
to a measure or matter only if the Senator—
(1) following the objection to a unanimous consent to proceeding to, and, or passage of, a measure or matter on their
behalf, submits the notice of intent in writing to the appropriate
leader or their designee; and
(2) not later than 6 session days after the submission
under paragraph (1), submits for inclusion in the Congressional
Record and in the applicable calendar section described in
subsection (b) the following notice:
‘‘I, Senator llll, intend to object to proceedings to llll,
dated llll for the following reasonsllll.’’.
(b) CALENDAR.—
(1) IN GENERAL.—The Secretary of the Senate shall establish for both the Senate Calendar of Business and the Senate
Executive Calendar a separate section entitled ‘‘Notice of Intent
to Object to Proceeding’’.
(2) CONTENT.—The section required by paragraph (1) shall
include—
(A) the name of each Senator filing a notice under
subsection (a)(2);
(B) the measure or matter covered by the calendar
that the Senator objects to; and
(C) the date the objection was filed.
(3) NOTICE.—A Senator who has notified their respective
leader and who has withdrawn their objection within the 6
session day period is not required to submit a notification
under subsection (a)(2).
(c) REMOVAL.—A Senator may have an item with respect to
the Senator removed from a calendar to which it was added under
subsection (b) by submitting for inclusion in the Congressional
Record the following notice:
‘‘I, Senator llll, do not object to proceed to llll, dated
llll.’’.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 513. PUBLIC AVAILABILITY OF SENATE COMMITTEE AND SUBCOMMITTEE MEETINGS.

(a) IN GENERAL.—Paragraph 5(e) of rule XXVI of the Standing
Rules of the Senate is amended by—
(1) inserting after ‘‘(e)’’ the following: ‘‘(1)’’; and
(2) adding at the end the following:
‘‘(2)(A) Except with respect to meetings closed in accordance
with this rule, each committee and subcommittee shall make publicly available through the Internet a video recording, audio
recording, or transcript of any meeting not later than 21 business
days after the meeting occurs.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00025

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

Internet.
Deadline.

APPS06

PsN: PUBL081

121 STAT. 760

PUBLIC LAW 110–81—SEPT. 14, 2007

‘‘(B) Information required by subclause (A) shall be available
until the end of the Congress following the date of the meeting.
‘‘(C) The Committee on Rules and Administration may waive
this clause upon request based on the inability of a committee
or subcommittee to comply with this clause due to technical or
logistical reasons.’’.
(b) EFFECTIVE DATE.—This section shall take effect 90 days
after the date of enactment of this Act.
SEC. 514. AMENDMENTS AND MOTIONS TO RECOMMIT.

Paragraph 1 of rule XV of the Standing Rules of the Senate
is amended to read as follows:
‘‘1. (a) An amendment and any instruction accompanying a
motion to recommit shall be reduced to writing and read and
identical copies shall be provided by the Senator offering the amendment or instruction to the desks of the Majority Leader and the
Minority Leader before being debated.
‘‘(b) A motion shall be reduced to writing, if desired by the
Presiding Officer or by any Senator, and shall be read before being
debated.’’.
SEC. 515. SENSE OF THE SENATE ON CONFERENCE COMMITTEE
PROTOCOLS.

It is the sense of the Senate that—
(1) conference committees should hold regular, formal
meetings of all conferees that are open to the public;
(2) all conferees should be given adequate notice of the
time and place of all such meetings;
(3) all conferees should be afforded an opportunity to
participate in full and complete debates of the matters that
such conference committees may recommend to their respective
Houses; and
(4) the text of a report of a committee of conference shall
not be changed after the Senate signature sheets have been
signed by a majority of the Senate conferees.

Subtitle B—Earmark Reform
SEC. 521. CONGRESSIONALLY DIRECTED SPENDING.

The Standing Rules of the Senate are amended by adding
at the end the following:
‘‘RULE XLIV
‘‘CONGRESSIONALLY DIRECTED SPENDING

dkrause on GSDDPC29 with PUBLIC LAWS

Certification.

VerDate Aug 31 2005

09:57 Sep 18, 2007

AND

RELATED ITEMS

‘‘1. (a) It shall not be in order to vote on a motion to proceed
to consider a bill or joint resolution reported by any committee
unless the chairman of the committee of jurisdiction or the Majority
Leader or his or her designee certifies—
‘‘(1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in the bill
or joint resolution, or in the committee report accompanying
the bill or joint resolution, has been identified through lists,
charts, or other similar means including the name of each
Senator who submitted a request to the committee for each
item so identified; and

Jkt 059139

PO 00081

Frm 00026

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 761

‘‘(2) that the information in clause (1) has been available
on a publicly accessible congressional website in a searchable
format at least 48 hours before such vote.
‘‘(b) If a point of order is sustained under this paragraph,
the motion to proceed shall be suspended until the sponsor of
the motion or his or her designee has requested resumption and
compliance with this paragraph has been achieved.
‘‘2. (a) It shall not be in order to vote on a motion to proceed
to consider a Senate bill or joint resolution not reported by committee unless the chairman of the committee of jurisdiction or
the Majority Leader or his or her designee certifies—
‘‘(1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in the bill
or joint resolution, has been identified through lists, charts,
or other similar means, including the name of each Senator
who submitted a request to the sponsor of the bill or joint
resolution for each item so identified; and
‘‘(2) that the information in clause (1) has been available
on a publicly accessible congressional website in a searchable
format at least 48 hours before such vote.
‘‘(b) If a point of order is sustained under this paragraph,
the motion to proceed shall be suspended until the sponsor of
the motion or his or her designee has requested resumption and
compliance with this paragraph has been achieved.
‘‘3. (a) It shall not be in order to vote on the adoption of
a report of a committee of conference unless the chairman of the
committee of jurisdiction or the Majority Leader or his or her
designee certifies—
‘‘(1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in the conference report, or in the joint statement of managers accompanying the conference report, has been identified through lists,
charts, or other means, including the name of each Senator
who submitted a request to the committee of jurisdiction for
each item so identified; and
‘‘(2) that the information in clause (1) has been available
on a publicly accessible congressional website at least 48 hours
before such vote.
‘‘(b) If a point of order is sustained under this paragraph,
then the conference report shall be set aside.
‘‘4. (a) If during consideration of a bill or joint resolution,
a Senator proposes an amendment containing a congressionally
directed spending item, limited tax benefit, or limited tariff benefit
which was not included in the bill or joint resolution as placed
on the calendar or as reported by any committee, in a committee
report on such bill or joint resolution, or a committee report of
the Senate on a companion measure, then as soon as practicable,
the Senator shall ensure that a list of such items (and the name
of any Senator who submitted a request to the Senator for each
respective item included in the list) is printed in the Congressional
Record.
‘‘(b) If a committee reports a bill or joint resolution that includes
congressionally directed spending items, limited tax benefits, or
limited tariff benefits in the bill or joint resolution, or in the
committee report accompanying the bill or joint resolution, the
committee shall as soon as practicable identify on a publicly accessible congressional website each such item through lists, charts,

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00027

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

Website.

Certification.

Website.

Certification.

Website.

Congressional
Record,
publication.

APPS06

PsN: PUBL081

121 STAT. 762

Statement.
Certification.

dkrause on GSDDPC29 with PUBLIC LAWS

Public
information.
Internet.

VerDate Aug 31 2005

09:57 Sep 18, 2007

PUBLIC LAW 110–81—SEPT. 14, 2007

or other similar means, including the name of each Senator who
submitted a request to the committee for each item so identified.
Availability on the Internet of a committee report that contains
the information described in this subparagraph shall satisfy the
requirements of this subparagraph.
‘‘(c) To the extent technically feasible, information made available on publicly accessible congressional websites under paragraphs
3 and 4 shall be provided in a searchable format.
‘‘5. For the purpose of this rule—
‘‘(a) the term ‘congressionally directed spending item’
means a provision or report language included primarily at
the request of a Senator providing, authorizing, or recommending a specific amount of discretionary budget authority,
credit authority, or other spending authority for a contract,
loan, loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or Congressional district, other than through a statutory or
administrative formula-driven or competitive award process;
‘‘(b) the term ‘limited tax benefit’ means—
‘‘(1) any revenue provision that—
‘‘(A) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited
group of beneficiaries under the Internal Revenue Code
of 1986; and
‘‘(B) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision;
‘‘(c) the term ‘limited tariff benefit’ means a provision modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities; and
‘‘(d) except as used in subparagraph 8(e), the term ‘item’
when not preceded by ‘congressionally directed spending’ means
any provision that is a congressionally directed spending item,
a limited tax benefit, or a limited tariff benefit.
‘‘6. (a) A Senator who requests a congressionally directed
spending item, a limited tax benefit, or a limited tariff benefit
in any bill or joint resolution (or an accompanying report) or in
any conference report (or an accompanying joint statement of managers) shall provide a written statement to the chairman and
ranking member of the committee of jurisdiction, including—
‘‘(1) the name of the Senator;
‘‘(2) in the case of a congressionally directed spending item,
the name and location of the intended recipient or, if there
is no specifically intended recipient, the intended location of
the activity;
‘‘(3) in the case of a limited tax or tariff benefit, identification of the individual or entities reasonably anticipated to benefit, to the extent known to the Senator;
‘‘(4) the purpose of such congressionally directed spending
item or limited tax or tariff benefit; and
‘‘(5) a certification that neither the Senator nor the Senator’s immediate family has a pecuniary interest in the item,
consistent with the requirements of paragraph 9.
‘‘(b) With respect to each item included in a Senate bill or
joint resolution (or accompanying report) reported by committee
or considered by the Senate, or included in a conference report
(or joint statement of managers accompanying the conference report)

Jkt 059139

PO 00081

Frm 00028

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 763

considered by the Senate, each committee of jurisdiction shall make
available for public inspection on the Internet the certifications
under subparagraph (a)(5) as soon as practicable.
‘‘7. In the case of a bill, joint resolution, or conference report
that contains congressionally directed spending items in any classified portion of a report accompanying the measure, the committee
of jurisdiction shall, to the greatest extent practicable, consistent
with the need to protect national security (including intelligence
sources and methods), include on the list required by paragraph
1, 2, or 3 as the case may be, a general program description
in unclassified language, funding level, and the name of the sponsor
of that congressionally directed spending item.
‘‘8. (a) A Senator may raise a point of order against one or
more provisions of a conference report if they constitute new
directed spending provisions. The Presiding Officer may sustain
the point of order as to some or all of the provisions against
which the Senator raised the point of order.
‘‘(b) If the Presiding Officer sustains the point of order as
to any of the provisions against which the Senator raised the
point of order, then those provisions against which the Presiding
Officer sustains the point of order shall be stricken. After all other
points of order under this paragraph have been disposed of—
‘‘(1) the Senate shall proceed to consider the question of
whether the Senate should recede from its amendment to the
House bill, or its disagreement to the amendment of the House,
and concur with a further amendment, which further amendment shall consist of only that portion of the conference report
that has not been stricken; and
‘‘(2) the question in clause (1) shall be decided under the
same debate limitation as the conference report and no further
amendment shall be in order.
‘‘(c) Any Senator may move to waive any or all points of order
under this paragraph with respect to the pending conference report
by an affirmative vote of three-fifths of the Members, duly chosen
and sworn. All motions to waive under this paragraph shall be
debatable collectively for not to exceed 1 hour equally divided
between the Majority Leader and the Minority Leader or their
designees. A motion to waive all points of order under this paragraph shall not be amendable.
‘‘(d) All appeals from rulings of the Chair under this paragraph
shall be debatable collectively for not to exceed 1 hour, equally
divided between the Majority and the Minority Leader or their
designees. An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the Senate
to sustain an appeal of the ruling of the Chair under this paragraph.
‘‘(e) The term ‘new directed spending provision’ as used in
this paragraph means any item that consists of a specific provision
containing a specific level of funding for any specific account, specific
program, specific project, or specific activity, when no specific
funding was provided for such specific account, specific program,
specific project, or specific activity in the measure originally committed to the conferees by either House.
‘‘9. No Member, officer, or employee of the Senate shall knowingly use his official position to introduce, request, or otherwise
aid the progress or passage of congressionally directed spending
items, limited tax benefits, or limited tariff benefits a principal
purpose of which is to further only his pecuniary interest, only

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00029

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 764

PUBLIC LAW 110–81—SEPT. 14, 2007

the pecuniary interest of his immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when
he or his immediate family, or enterprises controlled by them,
are members of the affected class.
‘‘10. Any Senator may move to waive application of paragraph
1, 2, or 3 with respect to a measure by an affirmative vote of
three-fifths of the Members, duly chosen and sworn. A motion
to waive under this paragraph with respect to a measure shall
be debatable for not to exceed 1 hour equally divided between
the Majority Leader and the Minority Leader or their designees.
With respect to points of order raised under paragraphs 1, 2,
or 3, only one appeal from a ruling of the Chair shall be in order,
and debate on such an appeal from a ruling of the Chair on
such point of order shall be limited to one hour.
‘‘11. Any Senator may move to waive all points of order under
this rule with respect to the pending measure or motion by an
affirmative vote of three-fifths of the Members, duly chosen and
sworn. All motions to waive all points of order with respect to
a measure or motion as provided by this paragraph shall be debatable collectively for not to exceed 1 hour equally divided between
the Majority Leader and the Minority Leader or their designees.
A motion to waive all points of order with respect to a measure
or motion as provided by this paragraph shall not be amendable.
‘‘12. Paragraph 1, 2, or 3 of this rule may be waived by joint
agreement of the Majority Leader and the Minority Leader of the
Senate upon their certification that such waiver is necessary as
a result of a significant disruption to Senate facilities or to the
availability of the Internet.’’.

Subtitle C—Revolving Door Reform

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 531. POST-EMPLOYMENT RESTRICTIONS.

(a) APPLICATION TO ENTITY.—Paragraph 8 of rule XXXVII of
the Standing Rules of the Senate is amended by—
(1) inserting after ‘‘by such a registered lobbyist’’ the following ‘‘or an entity that employs or retains a registered lobbyist’’; and
(2) striking ‘‘one year’’ and inserting ‘‘2 years’’.
(b) PROHIBITION.—Paragraph 9 of rule XXXVII of the Standing
Rules of the Senate is amended—
(1) in the first sentence, by inserting after ‘‘by such a
registered lobbyist’’ the following: ‘‘or an entity that employs
or retains a registered lobbyist’’;
(2) in the second sentence, by inserting after ‘‘by such
a registered lobbyist’’ the following: ‘‘or an entity that employs
or retains a registered lobbyist’’;
(3) by designating the first and second sentences as subparagraphs (a) and (b), respectively; and
(4) by adding at the end the following:
‘‘(c) If an officer of the Senate or an employee on the staff
of a Member or on the staff of a committee whose rate of pay
is equal to or greater than 75 percent of the rate of pay of a
Member and employed at such rate for more than 60 days in
a calendar year, upon leaving that position, becomes a registered
lobbyist, or is employed or retained by such a registered lobbyist
or an entity that employs or retains a registered lobbyist for the

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00030

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 765

purpose of influencing legislation, such employee may not lobby
any Member, officer, or employee of the Senate for a period of
1 year after leaving that position.’’.
(c) EFFECTIVE DATE.—Paragraph 9(c) of rule XXXVII of the
Standing Rules of the Senate shall apply to individuals who leave
office or employment to which such paragraph applies on or after
the date of adjournment of the first session of the 110th Congress
sine die or December 31, 2007, whichever date is earlier.
SEC. 532. DISCLOSURE BY MEMBERS OF CONGRESS AND STAFF OF
EMPLOYMENT NEGOTIATIONS.

Rule XXXVII of the Standing Rules of the Senate is amended
by—
(1) redesignating paragraph 12 as paragraph 13; and
(2) adding after paragraph 11 the following:
‘‘12. (a) A Member shall not negotiate or have any arrangement
concerning prospective private employment until after his or her
successor has been elected, unless such Member files a signed
statement with the Secretary of the Senate, for public disclosure,
regarding such negotiations or arrangements not later than 3 business days after the commencement of such negotiation or arrangement, including the name of the private entity or entities involved
in such negotiations or arrangements, and the date such negotiations or arrangements commenced.
‘‘(b) A Member shall not negotiate or have any arrangement
concerning prospective employment for a job involving lobbying
activities as defined by the Lobbying Disclosure Act of 1995 until
after his or her successor has been elected.
‘‘(c)(1) An employee of the Senate earning in excess of 75
percent of the salary paid to a Senator shall notify the Select
Committee on Ethics that he or she is negotiating or has any
arrangement concerning prospective private employment.
‘‘(2) The notification under this subparagraph shall be made
not later than 3 business days after the commencement of such
negotiation or arrangement.
‘‘(3) An employee to whom this subparagraph applies shall—
‘‘(A) recuse himself or herself from—
‘‘(i) any contact or communication with the prospective
employer on issues of legislative interest to the prospective
employer; and
‘‘(ii) any legislative matter in which there is a conflict
of interest or an appearance of a conflict for that employee
under this subparagraph; and
‘‘(B) notify the Select Committee on Ethics of such recusal.’’.

Deadline.

Notification.

Deadline.

Applicability.

Notification.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 533. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, SENATE OFFICERS, AND SPEAKERS OF THE HOUSE
WHO ARE REGISTERED LOBBYISTS OR SEEK FINANCIAL
GAIN.

Rule XXIII of the Standing Rules of the Senate is amended
by—
(1) inserting ‘‘1.’’ before ‘‘Other’’;
(2) inserting after ‘‘Ex-Senators and Senators-elect’’ the
following: ‘‘, except as provided in paragraph 2’’;
(3) inserting after ‘‘Ex-Secretaries and ex-Sergeants at
Arms of the Senate’’ the following: ‘‘, except as provided in
paragraph 2’’;

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00031

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 766

PUBLIC LAW 110–81—SEPT. 14, 2007

(4) inserting after ‘‘Ex-Speakers of the House of Representatives’’ the following: ‘‘, except as provided in paragraph 2’’;
and
(5) adding at the end the following:
‘‘2.(a) The floor privilege provided in paragraph 1 shall not
apply, when the Senate is in session, to an individual covered
by this paragraph who is—
‘‘(1) a registered lobbyist or agent of a foreign principal;
or
‘‘(2) 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 Federal legislative proposal.
‘‘(b) The Committee on Rules and Administration may promulgate regulations to allow individuals covered by this paragraph
floor privileges for ceremonial functions and events designated by
the Majority Leader and the Minority Leader.
‘‘3. A former Member of the Senate may not exercise privileges
to use Senate athletic facilities or Member-only parking spaces
if such Member is—
‘‘(a) a registered lobbyist or agent of a foreign principal;
or
‘‘(b) 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 Federal legislative proposal.’’.
SEC. 534. INFLUENCING HIRING DECISIONS.

Rule XLIII of the Standing Rules of the Senate is amended
by adding at the end the following:
‘‘6. No Member, with the intent to influence solely on the
basis of partisan political affiliation an employment decision or
employment practice of any private entity, shall—
‘‘(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.’’.
2 USC 104f.

SEC. 535. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.

(a) IN GENERAL.—After a Senator or an elected officer of the
Senate leaves office or after the termination of employment with
the Senate of an employee of the Senate, the Secretary of the
Senate shall notify the Member, officer, or employee of the beginning and ending date of the prohibitions that apply to the Member,
officer, or employee under rule XXXVII of the Standing Rules of
the Senate.
(b) EFFECTIVE DATE.—This section shall take effect 60 days
after the date of enactment of this Act.

Subtitle D—Gift and Travel Reform

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 541. BAN ON GIFTS FROM REGISTERED LOBBYISTS AND ENTITIES
THAT HIRE REGISTERED LOBBYISTS.

Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the
Senate is amended by—
(1) inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) adding at the end the following:

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00032

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 767

‘‘(B) A Member, officer, or employee may not knowingly accept
a gift from a registered lobbyist, an agent of a foreign principal,
or a private entity that retains or employs a registered lobbyist
or an agent of a foreign principal, except as provided in subparagraphs (c) and (d).’’.
SEC. 542. NATIONAL PARTY CONVENTIONS.

Paragraph (1)(d) of rule XXXV of the Standing Rules of the
Senate is amended by adding at the end the following:
‘‘(5) During the dates of the national party convention for
the political party to which a Member belongs, a Member may
not participate in an event honoring that Member, other than
in his or her capacity as the party’s presidential or vice presidential
nominee or presumptive nominee, if such event is directly paid
for by a registered lobbyist or a private entity that retains or
employs a registered lobbyist.’’.
SEC. 543. PROPER VALUATION OF TICKETS TO ENTERTAINMENT AND
SPORTING EVENTS.

Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the
Senate is amended by—
(1) inserting ‘‘(A)’’ before ‘‘Anything’’; and
(2) adding at the end the following:
‘‘(B) The market value of a ticket to an entertainment
or sporting event shall be the face value of the ticket or,
in the case of a ticket without a face value, the value of
the ticket with the highest face value for the event, except
that if a ticket holder can establish in advance of the event
to the Select Committee on Ethics that the ticket at issue
is equivalent to another ticket with a face value, then the
market value shall be set at the face value of the equivalent
ticket. In establishing equivalency, the ticket holder shall provide written and independently verifiable information related
to the primary features of the ticket, including, at a minimum,
the seat location, access to parking, availability of food and
refreshments, and access to venue areas not open to the public.
The Select Committee on Ethics may make a determination
of equivalency only if such information is provided in advance
of the event.’’.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 544. RESTRICTIONS ON REGISTERED LOBBYIST PARTICIPATION
IN TRAVEL AND DISCLOSURE.

(a) PROHIBITION.—Paragraph 2 of rule XXXV of the Standing
Rules of the Senate is amended—
(1) in subparagraph (a)(1), by—
(A) adding after ‘‘foreign principal’’ the following: ‘‘or
a private entity that retains or employs 1 or more registered
lobbyists or agents of a foreign principal’’;
(B) striking the dash and inserting ‘‘complies with
the requirements of this paragraph.’’; and
(C) striking clauses (A) and (B);
(2) by redesignating subparagraph (a)(2) as subparagraph
(a)(3) and adding after subparagraph (a)(1) the following:
‘‘(2)(A) Notwithstanding clause (1), a reimbursement (including
payment in kind) to a Member, officer, or employee of the Senate
from an individual, other than a registered lobbyist or agent of
a foreign principal, that is a private entity that retains or employs
1 or more registered lobbyists or agents of a foreign principal

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00033

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 768

dkrause on GSDDPC29 with PUBLIC LAWS

Records.
Deadline.

VerDate Aug 31 2005

09:57 Sep 18, 2007

PUBLIC LAW 110–81—SEPT. 14, 2007

shall be deemed to be a reimbursement to the Senate under clause
(1) if—
‘‘(i) the reimbursement is for necessary transportation,
lodging, and related expenses for travel to a meeting, speaking
engagement, factfinding trip, or similar event described in
clause (1) in connection with the duties of the Member, officer,
or employee and the reimbursement is provided only for attendance at or participation for 1-day (exclusive of travel time
and an overnight stay) at an event described in clause (1);
or
‘‘(ii) the reimbursement is for necessary transportation,
lodging, and related expenses for travel to a meeting, speaking
engagement, factfinding trip, or similar event described in
clause (1) in connection with the duties of the Member, officer,
or employee and the reimbursement is from an organization
designated under section 501(c)(3) of the Internal Revenue Code
of 1986.
‘‘(B) When deciding whether to preapprove a trip under this
clause, the Select Committee on Ethics shall make a determination
consistent with regulations issued pursuant to section 544(b) of
the Honest Leadership and Open Government Act of 2007. The
committee through regulations to implement subclause (A)(i) may
permit a longer stay when determined by the committee to be
practically required to participate in the event, but in no event
may the stay exceed 2 nights.’’;
(3) in subparagraph (a)(3), as redesignated, by striking
‘‘clause (1)’’ and inserting ‘‘clauses (1) and (2)’’;
(4) in subparagraph (b), by inserting before ‘‘Each’’ the
following: ‘‘Before an employee may accept reimbursement
pursuant to subparagraph (a), the employee shall receive
advance written authorization from the Member or officer under
whose direct supervision the employee works.’’;
(5) in subparagraph (c)—
(A) by inserting before ‘‘Each’’ the following: ‘‘Each
Member, officer, or employee that receives reimbursement
under this paragraph shall disclose the expenses
reimbursed or to be reimbursed, the authorization under
subparagraph (b) (for an employee), and a copy of the
certification in subparagraph (e)(1) to the Secretary of the
Senate not later than 30 days after the travel is completed.’’;
(B) by striking ‘‘subparagraph (a)(1)’’ and inserting
‘‘this subparagraph’’;
(C) in clause (5), by striking ‘‘and’’ after the semicolon;
(D) by redesignating clause (6) as clause (7); and
(E) by inserting after clause (5) the following:
‘‘(6) a description of meetings and events attended; and’’;
(6) by redesignating subparagraphs (d) and (e) as subparagraphs (f) and (g), respectively;
(7) by adding after subparagraph (c) the following:
‘‘(d)(1) A Member, officer, or employee of the Senate may not
accept a reimbursement (including payment in kind) for transportation, lodging, or related expenses under subparagraph (a) for
a trip that was—
‘‘(A) planned, organized, or arranged by or at the request
of a registered lobbyist or agent of a foreign principal; or

Jkt 059139

PO 00081

Frm 00034

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

dkrause on GSDDPC29 with PUBLIC LAWS

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 769

‘‘(B)(i) for trips described under subparagraph (a)(2)(A)(i)
on which a registered lobbyist accompanies the Member, officer,
or employee on any segment of the trip; or
‘‘(ii) for all other trips allowed under this paragraph, on
which a registered lobbyist accompanies the Member, officer,
or employee at any point throughout the trip.
‘‘(2) The Select Committee on Ethics shall issue regulations
identifying de minimis activities by registered lobbyists or foreign
agents that would not violate this subparagraph.
‘‘(e) A Member, officer, or employee shall, before accepting
travel otherwise permissible under this paragraph from any
source—
‘‘(1) provide to the Select Committee on Ethics a written
certification from such source that—
‘‘(A) the trip will not be financed in any part by a
registered lobbyist or agent of a foreign principal;
‘‘(B) the source either—
‘‘(i) does not retain or employ registered lobbyists
or agents of a foreign principal and is not itself a
registered lobbyist or agent of a foreign principal; or
‘‘(ii) certifies that the trip meets the requirements
of subclause (i) or (ii) of subparagraph (a)(2)(A);
‘‘(C) the source will not accept from a registered lobbyist or agent of a foreign principal or a private entity
that retains or employs 1 or more registered lobbyists
or agents of a foreign principal, funds earmarked directly
or indirectly for the purpose of financing the specific trip;
and
‘‘(D) the trip will not in any part be planned, organized,
requested, or arranged by a registered lobbyist or agent
of a foreign principal and the traveler will not be accompanied on the trip consistent with the applicable requirements of subparagraph (d)(1)(B) by a registered lobbyist
or agent of a foreign principal, except as permitted by
regulations issued under subparagraph (d)(2); and
‘‘(2) after the Select Committee on Ethics has promulgated
regulations pursuant to section 544(b) of the Honest Leadership
and Open Government Act of 2007, obtain the prior approval
of the committee for such reimbursement.’’; and
(8) by striking subparagraph (g), as redesignated, and
inserting the following:
‘‘(g) The Secretary of the Senate shall make all advance
authorizations, certifications, and disclosures filed pursuant to this
paragraph available for public inspection as soon as possible after
they are received, but in no event prior to the completion of the
relevant travel.’’.
(b) GUIDELINES.—
(1) IN GENERAL.—Except as provided in paragraph (4) and
not later than 60 days after the date of enactment of this
Act and at annual intervals thereafter, the Select Committee
on Ethics shall develop and revise, as necessary—
(A) guidelines, for purposes of implementing the
amendments made by subsection (a), on evaluating a trip
proposal and judging the reasonableness of an expense
or expenditure, including guidelines related to evaluating—
(i) the stated mission of the organization sponsoring the trip;

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00035

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

Regulations.

Public
information.

2 USC 31–3.
Deadlines.

APPS06

PsN: PUBL081

121 STAT. 770

(ii) the organization’s prior history of sponsoring
congressional trips, if any;
(iii) other educational activities performed by the
organization besides sponsoring congressional trips;
(iv) whether any trips previously sponsored by the
organization led to an investigation by the Select Committee on Ethics;
(v) whether the length of the trip and the itinerary
is consistent with the official purpose of the trip;
(vi) whether there is an adequate connection
between a trip and official duties;
(vii) the reasonableness of an amount spent by
a sponsor of the trip;
(viii) whether there is a direct and immediate relationship between a source of funding and an event;
and
(ix) any other factor deemed relevant by the Select
Committee on Ethics; and
(B) regulations describing the information it will
require individuals subject to the requirements of the
amendments made by subsection (a) to submit to the committee in order to obtain the prior approval of the committee for travel under paragraph 2 of rule XXXV of the
Standing Rules of the Senate, including any required certifications.
(2) CONSIDERATION.—In developing and revising guidelines
under paragraph (1)(A), the committee shall take into account
the maximum per diem rates for official Federal Government
travel published annually by the General Services Administration, the Department of State, and the Department of Defense.
(3) UNREASONABLE EXPENSE.—For purposes of this subsection, travel on a flight described in paragraph 1(c)(1)(C)(ii)
of rule XXXV of the Standing Rules of the Senate shall not
be considered to be a reasonable expense.
(4) EXTENSION.—The deadline for the initial guidelines
required by paragraph (1) may be extended for 30 days by
the Committee on Rules and Administration.
(c) REIMBURSEMENT FOR NONCOMMERCIAL AIR TRAVEL.—
(1) CHARTER RATES.—Paragraph 1(c)(1) of rule XXXV of
the Standing Rules of the Senate is amended by adding at
the end the following:
‘‘(C)(i) Fair market value for a flight on an aircraft
described in item (ii) shall be the pro rata share of the fair
market value of the normal and usual charter fare or rental
charge for a comparable plane of comparable size, as determined
by dividing such cost by the number of Members, officers,
or employees of Congress on the flight.
‘‘(ii) A flight on an aircraft described in this item is any
flight on an aircraft that is not—
‘‘(I) operated or paid for by an air carrier or commercial
operator certificated by the Federal Aviation Administration and required to be conducted under air carrier safety
rules; or
‘‘(II) in the case of travel which is abroad, an air
carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is
required to be conducted under air carrier safety rules.

dkrause on GSDDPC29 with PUBLIC LAWS

Regulations.

VerDate Aug 31 2005

09:57 Sep 18, 2007

PUBLIC LAW 110–81—SEPT. 14, 2007

Jkt 059139

PO 00081

Frm 00036

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 771

‘‘(iii) This subclause shall not apply to an aircraft owned
or leased by a governmental entity or by a Member of Congress
or a Member’s immediate family member (including an aircraft
owned by an entity that is not a public corporation in which
the Member or Member’s immediate family member has an
ownership interest), provided that the Member does not use
the aircraft anymore than the Member’s or immediate family
member’s proportionate share of ownership allows.’’.
(2) UNOFFICIAL OFFICE ACCOUNTS.—Paragraph 1 of rule
XXXVIII of the Standing Rules of the Senate is amended by
adding at the end the following:
‘‘(c) For purposes of reimbursement under this rule, fair market
value of a flight on an aircraft shall be determined as provided
in paragraph 1(c)(1)(C) of rule XXXV.’’.
(d) REVIEW OF TRAVEL ALLOWANCES.—Not later than 90 days
after the date of enactment of this Act, the Subcommittee on the
Legislative Branch of the Senate Committee on Appropriations,
in consultation with the Committee on Rules and Administration
of the Senate, shall consider and propose, as necessary in the
discretion of the subcommittee, any adjustment to the Senator’s
Official Personnel and Office Expense Account needed in light of
the enactment of this section, and any modifications of Federal
statutes or appropriations measures needed to accomplish such
adjustments.
(e) SEPARATELY REGULATED EXPENSES.—Nothing in this section
or section 541 is meant to alter treatment under law or Senate
rules of expenses that are governed by the Foreign Gifts and Decorations Act or the Mutual Educational and Cultural Exchange Act.
(f) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 60 days after the date of enactment
of this Act or the date the Select Committee on Ethics issues
new guidelines as required by subsection (b), whichever is later.
Subsection (c) shall take effect on the date of enactment of this
Act.

Deadline.

2 USC 31–3 note.

2 USC 31–3 note.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 545. FREE ATTENDANCE AT A CONSTITUENT EVENT.

(a) IN GENERAL.—Paragraph 1(c) of rule XXXV of the Standing
Rules of the Senate is amended by adding at the end the following:
‘‘(24) Subject to the restrictions in subparagraph (a)(2)(A),
free attendance at a constituent event permitted pursuant to
subparagraph (g).’’.
(b) IN GENERAL.—Paragraph 1 of rule XXXV of the Standing
Rules of the Senate is amended by adding at the end the following:
‘‘(g)(1) A Member, officer, or employee may accept an offer
of free attendance in the Member’s home State at a conference,
symposium, forum, panel discussion, dinner event, site visit,
viewing, reception, or similar event, provided by a sponsor of the
event, if—
‘‘(A) the cost of meals provided the Member, officer, or
employee is less than $50;
‘‘(B)(i) the event is sponsored by constituents of, or a group
that consists primarily of constituents of, the Member (or the
Member by whom the officer or employee is employed); and
‘‘(ii) the event will be attended primarily by a group of
at least 5 constituents of the Member (or the Member by
whom the officer or employee is employed) provided that a
registered lobbyist shall not attend the event; and

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00037

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 772

PUBLIC LAW 110–81—SEPT. 14, 2007

‘‘(C)(i) the Member, officer, or employee participates in
the event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress,
or by performing a ceremonial function appropriate to the Member’s, officer’s, or employee’s official position; or
‘‘(ii) attendance at the event is appropriate to the performance of the official duties or representative function of the
Member, officer, or employee.
‘‘(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor’s unsolicited offer
of free attendance at the event for an accompanying individual
if others in attendance will generally be similarly accompanied
or if such attendance is appropriate to assist in the representation
of the Senate.
‘‘(3) For purposes of this subparagraph, the term ‘free attendance’ has the same meaning given such term in subparagraph
(d).’’.
2 USC 104g.

SEC. 546. SENATE PRIVATELY PAID TRAVEL PUBLIC WEBSITE.

Deadline.

(a) TRAVEL DISCLOSURE.—Not later than January 1, 2008, the
Secretary of the Senate shall establish a publicly available website
without fee or without access charge, that contains information
on travel that is subject to disclosure under paragraph 2 of rule
XXXV of the Standing Rules of the Senate, that includes, with
respect to travel occurring on or after January 1, 2008—
(1) a search engine;
(2) uniform categorization by Member, dates of travel, and
any other common categories associated with congressional
travel; and
(3) forms filed in the Senate relating to officially related
travel.
(b) RETENTION.—The Secretary of the Senate shall maintain
the information posted on the public Internet site of the Office
of the Secretary under this section for a period not longer than
4 years after receiving the information.
(c) EXTENSION OF AUTHORITY.—If the Secretary of the Senate
is unable to meet the deadline established under subsection (a),
the Committee on Rules and Administration of the Senate may
grant an extension of the Secretary of the Senate.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.

Records.

Subtitle E—Other Reforms

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 551. COMPLIANCE WITH LOBBYING DISCLOSURE.

Rule XXXVII of the Standing Rules of the Senate is amended
by—
(1) redesignating paragraphs 10 through 13 as paragraphs
11 through 14, respectively; and
(2) inserting after paragraph 9, the following:
‘‘10. Paragraphs 8 and 9 shall not apply to contacts with the
staff of the Secretary of the Senate regarding compliance with
the lobbying disclosure requirements of the Lobbying Disclosure
Act of 1995.’’.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00038

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 773

SEC. 552. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR IMMEDIATE
FAMILY MEMBER OF MEMBER WHO IS A REGISTERED
LOBBYIST.

Rule XXXVII of the Standing Rules of the Senate is amended
by—
(1) redesignating paragraphs 11 through 14 as paragraphs
12 through 15, respectively; and
(2) inserting after paragraph 10, the following:
‘‘11. (a) If a Member’s spouse or immediate family member
is a registered lobbyist, or is employed or retained by such a
registered lobbyist or an entity that hires or retains a registered
lobbyist for the purpose of influencing legislation, the Member
shall prohibit all staff employed or supervised by that Member
(including staff in personal, committee, and leadership offices) from
having any contact with the Member’s spouse or immediate family
member that constitutes a lobbying contact as defined by section
3 of the Lobbying Disclosure Act of 1995 by such person.
‘‘(b) Members and employees on the staff of a Member (including
staff in personal, committee, and leadership offices) shall be prohibited from having any contact that constitutes a lobbying contact
as defined by section 3 of the Lobbying Disclosure Act of 1995
by any spouse of a Member who is a registered lobbyist, or is
employed or retained by such a registered lobbyist.
‘‘(c) The prohibition in subparagraph (b) shall not apply to
the spouse of a Member who was serving as a registered lobbyist
at least 1 year prior to the most recent election of that Member
to office or at least 1 year prior to his or her marriage to that
Member.’’.
SEC. 553. MANDATORY SENATE ETHICS TRAINING FOR MEMBERS AND
STAFF.

(a) TRAINING PROGRAM.—The Select Committee on Ethics shall
conduct ongoing ethics training and awareness programs for Members of the Senate and Senate staff.
(b) REQUIREMENTS.—The ethics training program conducted by
the Select Committee on Ethics shall be completed by—
(1) new Senators or staff not later than 60 days after
commencing service or employment; and
(2) Senators and Senate staff serving or employed on the
date of enactment of this Act not later than 165 days after
the date of enactment of this Act.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 554. ANNUAL REPORT BY SELECT COMMITTEE ON ETHICS.

2 USC 72a–1h.

Deadlines.

2 USC 72a–1i.

The Select Committee on Ethics of the Senate shall issue an
annual report due no later than January 31, describing the following:
(1) The number of alleged violations of Senate rules
received from any source, including the number raised by a
Senator or staff of the committee.
(2) A list of the number of alleged violations that were
dismissed—
(A) for lack of subject matter jurisdiction or, in which,
even if the allegations in the complaint are true, no violation of Senate rules would exist; or
(B) because they failed to provide sufficient facts as
to any material violation of the Senate rules beyond mere
allegation or assertion.

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00039

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 774

PUBLIC LAW 110–81—SEPT. 14, 2007
(3) The number of alleged violations in which the committee
staff conducted a preliminary inquiry.
(4) The number of alleged violations that resulted in an
adjudicatory review.
(5) The number of alleged violations that the committee
dismissed for lack of substantial merit.
(6) The number of private letters of admonition or public
letters of admonition issued.
(7) The number of matters resulting in a disciplinary sanction.
(8) Any other information deemed by the committee to
be appropriate to describe its activities in the preceding year.

2 USC 30b note.

SEC. 555. EXERCISE OF RULEMAKING POWERS.

The Senate adopts the provisions of this title—
(1) as an exercise of the rulemaking power of the Senate;
and
(2) with full recognition of the constitutional right of the
Senate to change those rules at any time, in the same manner,
and to the same extent as in the case of any other rule of
the Senate.
2 USC 30b note.

SEC. 556. EFFECTIVE DATE AND GENERAL PROVISIONS.

Except as otherwise provided in this title, this title shall take
effect on the date of enactment of this title.

TITLE VI—PROHIBITED USE OF
PRIVATE AIRCRAFT

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 601. RESTRICTIONS ON USE OF CAMPAIGN FUNDS FOR FLIGHTS
ON NONCOMMERCIAL AIRCRAFT.

(a) RESTRICTIONS.—Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by adding at the
end the following new subsection:
‘‘(c) RESTRICTIONS ON USE OF CAMPAIGN FUNDS FOR FLIGHTS
ON NONCOMMERCIAL AIRCRAFT.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this Act, a candidate for election for Federal office (other than
a candidate who is subject to paragraph (2)), or any authorized
committee of such a candidate, may not make any expenditure
for a flight on an aircraft unless—
‘‘(A) the aircraft is operated by an air carrier or
commercial operator certificated by the Federal Aviation
Administration and the flight is required to be conducted
under air carrier safety rules, or, in the case of travel
which is abroad, by an air carrier or commercial operator
certificated by an appropriate foreign civil aviation
authority and the flight is required to be conducted under
air carrier safety rules; or
‘‘(B) the candidate, the authorized committee, or other
political committee pays to the owner, lessee, or other
person who provides the airplane the pro rata share of
the fair market value of such flight (as determined by
dividing the fair market value of the normal and usual
charter fare or rental charge for a comparable plane of
comparable size by the number of candidates on the flight)

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00040

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 775

within a commercially reasonable time frame after the
date on which the flight is taken.
‘‘(2) HOUSE CANDIDATES.—Notwithstanding any other provision of this Act, in the case of a candidate for election for
the office of Representative in, or Delegate or Resident Commissioner to, the Congress, an authorized committee and a leadership PAC of the candidate may not make any expenditure
for a flight on an aircraft unless—
‘‘(A) the aircraft is operated by an air carrier or
commercial operator certificated by the Federal Aviation
Administration and the flight is required to be conducted
under air carrier safety rules, or, in the case of travel
which is abroad, by an air carrier or commercial operator
certificated by an appropriate foreign civil aviation
authority and the flight is required to be conducted under
air carrier safety rules; or
‘‘(B) the aircraft is operated by an entity of the Federal
government or the government of any State.
‘‘(3) EXCEPTION FOR AIRCRAFT OWNED OR LEASED BY CANDIDATE.—
‘‘(A) IN GENERAL.—Paragraphs (1) and (2) do not apply
to a flight on an aircraft owned or leased by the candidate
involved or an immediate family member of the candidate
(including an aircraft owned by an entity that is not a
public corporation in which the candidate or an immediate
family member of the candidate has an ownership interest),
so long as the candidate does not use the aircraft more
than the candidate’s or immediate family member’s proportionate share of ownership allows.
‘‘(B) IMMEDIATE FAMILY MEMBER DEFINED.—In this
subparagraph (A), the term ‘immediate family member’
means, with respect to a candidate, a father, mother, son,
daughter, brother, sister, husband, wife, father-in-law, or
mother-in-law.
‘‘(4) LEADERSHIP PAC DEFINED.—In this subsection, the term
‘leadership PAC’ has the meaning given such term in section
304(i)(8)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to flights taken on or after the date of
the enactment of this Act.

2 USC 439a note.

TITLE VII—MISCELLANEOUS
PROVISIONS
SEC. 701. SENSE OF THE CONGRESS THAT ANY APPLICABLE RESTRICTIONS ON CONGRESSIONAL OFFICIALS AND EMPLOYEES
SHOULD APPLY TO THE EXECUTIVE AND JUDICIAL
BRANCHES.

It is the sense of the Congress that any applicable restrictions
on congressional officials and employees in this Act should apply
to the executive and judicial branches.

dkrause on GSDDPC29 with PUBLIC LAWS

SEC. 702. KNOWING AND WILLFUL FALSIFICATION OR FAILURE TO
REPORT.

Section 104(a) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended—

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00041

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081

121 STAT. 776

PUBLIC LAW 110–81—SEPT. 14, 2007

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) in paragraph (1), as so designated, by striking ‘‘$10,000’’
and inserting ‘‘$50,000’’; and
(3) by adding at the end the following:
‘‘(2)(A) It shall be unlawful for any person to knowingly and
willfully—
‘‘(i) falsify any information that such person is required
to report under section 102; and
‘‘(ii) fail to file or report any information that such person
is required to report under section 102.
‘‘(B) Any person who—
‘‘(i) violates subparagraph (A)(i) shall be fined under title
18, United States Code, imprisoned for not more than 1 year,
or both; and
‘‘(ii) violates subparagraph (A)(ii) shall be fined under title
18, United States Code.’’.
2 USC 1601 note.

SEC. 703. RULE OF CONSTRUCTION.

Nothing in this Act or the amendments made by this Act
shall be construed to prohibit any expressive conduct protected
from legal prohibition by, or any activities protected by the free
speech, free exercise, or free association clauses of, the First Amendment to the Constitution.
Approved September 14, 2007.

dkrause on GSDDPC29 with PUBLIC LAWS

LEGISLATIVE HISTORY—S. 1:
CONGRESSIONAL RECORD, Vol. 153 (2007):
Jan. 9–12, 16–18, considered and passed Senate.
July 31, considered and passed House, amended.
Aug. 2, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Sept. 14, Presidential statement.

Æ

VerDate Aug 31 2005

09:57 Sep 18, 2007

Jkt 059139

PO 00081

Frm 00042

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL081.110

APPS06

PsN: PUBL081