[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 97 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 97
To amend the Rules of the House of Representatives to reform the ethics
process, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Castle (for himself and Mr. Platts) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on House Administration, Rules, and Standards of
Official Conduct, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Rules of the House of Representatives to reform the ethics
process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability and Transparency in
Ethics Act''.
TITLE I--OUTSIDE INVESTIGATIONS COMMISSION AS SEPARATE INVESTIGATORY
ARM
SEC. 101. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.
(a) Establishment.--There is established an independent ethics
commission within the legislative branch of the Government to be known
as the Investigations Commission (in this title referred to as the
``Commission'').
(b) Membership and Chair.--The Commission shall consist of 7
individuals, 3 appointed by the Speaker, 3 by the minority leader of
the House of Representatives, and 1 appointed jointly by the Speaker
and the minority leader and who shall serve as chairman.
(d) Qualifications.--
(1) Specific qualifications.--
(A) In general.--Only former Members of Congress
and retired Federal judges shall be eligible for
appointment to the Commission.
(B) Retired judge.--
(i) In general.--The term ``retired judge''
means any judge who has retired from the office
and is not serving as a judge pursuant to
recall or otherwise.
(ii) Judge.--The term ``judge''--
(I) means any judge of a court
created by Act of Congress under
article III or article I of the United
States Constitution; and
(II) includes any bankruptcy judge
or magistrate judge.
(2) Disqualifications for appointments.--
(A) Lobbying.--No individual who has been a
lobbyist registered under the Lobbying Disclosure Act
of 1995 or engages in, or is otherwise employed in,
lobbying of the Congress or who is an agent of a
foreign principal registered under the Foreign Agents
Registration Act within the 5-year period immediately
preceding appointment shall be eligible for appointment
to, or service on, the Commission.
(B) Incompatible office.--No member of the
Commission appointed under subsection (b) may be an
elected public official or an officer or employee of
the Federal Government.
(3) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(e) Term of Office.--
(1) In general.--Except as provided in paragraph (2),
membership on the Commission shall be for 3 Congresses. A
member of the Commission who is appointed to a term of office
shall only be eligible for appointment for a single term of
office.
(2) First appointments.--Of the members first appointed to
the Commission, 2 appointed by the Speaker, 2 appointed by the
minority leader, and 1 appointed jointly by them shall have a
term of office of 3 Congresses, and the other 4 shall have
terms of 2 Congresses.
(f) Compensation.--Members of the Commission shall each be paid at
a rate equal to the rate of basic pay for level V of the Executive
Schedule.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
(h) Meetings.--The Commission shall meet at the call of the
chairperson or a majority of its members.
SEC. 102. DUTIES OF COMMISSION.
The Commission is authorized--
(1) to investigate any alleged violation, by a Member,
officer, or employee of the House of Representatives, of any
law, rule, regulation, or other standard of conduct applicable
to the conduct of such Member, officer, or employee in the
performance of his duties or the discharge of his
responsibilities, and after notice and hearing (unless the
right to a hearing is waived by the Member, officer, or
employee), shall report to the Committee on Standards of
Official Conduct of the House of Representatives its findings
of fact and recommendations, if any, upon the final disposition
of any such investigation, and such action as the Commission
may deem appropriate in the circumstances;
(2) to report to the appropriate Federal or State
authorities, with the approval of the House of Representatives,
any substantial evidence of a violation, by a Member, officer,
or employee of the House of Representatives, of any law
applicable to the performance of his duties or the discharge of
his responsibilities, which may have been disclosed in a
Commission investigation; and
(3) adopt rules governing its procedures to afford
protections to respondents comparable those that were provided
by clause 3 of rule XI of the Rules of the House of
Representatives in effect immediately before the amendments to
such rule made by section 107.
SEC. 103. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this title--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(b) Subpoenas.--
(1) In general.--A subpoena may be issued under this
subsection only--
(A) by the agreement of the chair and the vice
chair; or
(B) by the affirmative vote of 5 members of the
Commission.
(2) Signature.--Subject to paragraph (1), subpoenas issued
under this subsection may be issued under the signature of the
chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Government shall furnish
information deemed necessary by the panel to enable it to carry out its
duties.
(d) Treatment of Tie Votes.--Whenever the vote to conduct an
investigation has the same number of members voting in the affirmative
as in the negative, then the professional staff, pursuant to rules
adopted by the Commission, shall conduct a fact-finding investigation
and report its findings and recommendations to the Commission. Such
report would either recommend a dismissal of the complaint or the
commencement of a formal investigation. The Commission shall, upon
receipt of the findings and recommendation, make the report public. An
affirmative vote of a majority of the members of the Commission would
be required to commence a formal investigation if the Commission
determines that the matter merits further inquiry.
SEC. 104. PROCEDURAL RULES.
(a) Majority Approval.--No report or recommendation relating to the
official conduct of a Member, officer, or employee of the House of
Representatives shall be made by the Commission, and no investigation
of such conduct shall be undertaken by the Commission, unless approved
by the affirmative vote of a majority of the members of the Commission.
(b) Investigations.--Except in the case of an investigation
undertaken by the Commission on its own initiative, the Commission may
undertake an investigation relating to the official conduct of an
individual Member, officer, or employee of the House of Representatives
only--
(1) upon receipt of a complaint, in writing and under oath,
made by or submitted to a Member of the House of
Representatives and transmitted to the Commission by such
Member, or
(2) upon receipt of a complaint, in writing and under oath,
directly from any citizen of the United States.
(c) Prohibition of Certain Investigations.--No investigation shall
be undertaken by the Commission of any alleged violation of a law,
rule, regulation, or standard of conduct not in effect at the time of
the alleged violation.
(d) Disclosure.--No information or testimony received, or the
contents of a complaint or the fact of its filing, shall be publicly
disclosed by any member of the Commission or staff of the Commission
unless specifically authorized in each instance by a vote of the
Commission.
SEC. 105. STAFF OF COMMISSION.
The Commission may appoint and fix the compensation of such staff
as the Commission considers necessary to perform its duties. The
director shall be appointed jointly by the Speaker and minority leader
and shall be paid at a rate not exceed the rate of basic pay payable
for Level V of the Executive Schedule.
SEC. 106. ACTION ON HOUSE ETHICS COMMISSION RECOMMENDATIONS.
(a) Printing of Reports in Congressional Record.--Upon receipt by
the Committee on Standards of Official Conduct of the House of
Representatives of any report of the House Ethics Commission, the
chairman of the committee shall have the report printed in the
Congressional Record.
(b) Committee Consideration of House Ethics Commission
Recommendations.--After a report referred to in subsection (a) is
printed in the Congressional Record recommending action by the
Committee on Standards of Official Conduct of the House of
Representatives respecting any alleged violation by a Member, officer,
or employee of the House of Representatives, of any law, rule,
regulation, or other standard of conduct applicable to the conduct of
such Member, officer, or employee in the performance of his duties or
the discharge of his responsibilities, the committee shall vote upon
whether to dismiss the underlying complaint, establish an adjudicatory
subcommittee, or proceed to consider the matter in the full committee.
SEC. 107. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF
THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
(a) House Rules Amendments.--Clause 3 of rule XI of the Rules of
the House of Representatives is amended as follows:
(1) In paragraph (a)(2), strike the first sentence and
insert ``before the House Ethics Commission'' after ``hearing''
in the second sentence.
(2)(A) In paragraph (b)(1), strike ``(A)'', strike ``, or,
except as provided in subparagraph (2), undertake an
investigation'', and strike subdivision (B).
(B) In paragraph (b), strike subparagraphs (2), (3), and
(5) and redesignate subparagraphs (4), (6), and (7) as
subparagraphs (2), (3), and (4).
(3) Strike paragraphs (k), (l), (m), and (n).
(4) In paragraph (o), strike ``(1)'', strike ``an
investigative subcommittee or'', strike subparagraphs (2) and
(3), and redesignate such paragraph as paragraph (k).
(5) Strike paragraphs (p) and (q).
(b) Conforming Amendments.--Section 803 of the Ethics Reform Act of
1989 (2 U.S.C. 29d) is amended--
(1) by striking subsection (c); and
(2) in subsection (d), by striking ``an investigative
subcommittee'' each place it appears and inserting ``the House
Ethics Commission''.
SEC. 108. EFFECTIVE DATE.
This title shall apply with respect to the portion of the One
Hundred Tenth Congress which occurs after the date of the enactment of
this Act and each succeeding Congress.
TITLE II--BETTER ORGANIZATION OF OVERSIGHT AND ACCOUNTABILITY
SEC. 201. MANDATORY ANNUAL ETHICS TRAINING FOR MEMBERS AND HOUSE
EMPLOYEES; LICENSING OF LOBBYISTS COMPLETING ETHICS
TRAINING.
Clause 3 of rule XI of the Rules of the House of Representatives is
amended by adding at the end the following new paragraphs:
``(r)(1) The committee shall provide annual ethics training to each
Member, Delegate, Resident Commissioner, and employee of the House of
Representatives which shall include knowledge of the Code of Official
Conduct, related House rules, and applicable provisions of law.
``(2) A new employee of the House shall receive training under this
section not later than 30 days after beginning service to the House.
``(3) At the end of each session of Congress, the chairman of the
committee shall have printed in the Congressional Record the names of
any such individuals who failed to participate in such training during
that session.
``(s)(1) The committee shall provide an 8-hour ethics training
course to persons desiring to register as lobbyists under the Lobbying
Disclosure Act of 1995 during a Congress. The committee shall issue to
any person who successfully completes such training a license to engage
in lobbying activities under that Act during that Congress. Such
license shall be valid only during that Congress. A fee shall be
charged for each license in an amount determined by the committee.
``(2) Training under subparagraph (1) shall cover information on
the code of conduct and disclosure requirements applicable to Members,
officers, and employees of the House, including rules relating to
acceptance of gifts (including travel and meals), and financial
disclosure requirements under the Ethics in Government Act of 1978.
``(3) The committee shall suspend the license of any person who
commits an offense under chapter 11 of title 18, United States Code
(relating to bribery, graft, and conflicts of interest), or who
violates section 7(b) of the Lobbying Disclosure Act of 1995 (relating
to penalties for offering certain gifts).''.
SEC. 202. ETHICS COMMITTEE ADVANCED AUTHORIZATION OF TRAVEL.
Clause 5(b) of rule XXV of the Rules of the House of
Representatives is amended by inserting at the end the following new
subparagraph:
``(6) Before a Member, Delegate, Resident Commissioner, officer, or
employee of the House may take a privately-funded trip--
``(A) that individual shall provide the estimated cost of
the trip, the name of the entity paying for the trip, the
purpose of the trip, and the proposed itinerary to the
Committee on Standards of Official Conduct; and
``(B) that committee issues a letter stating that the trip
complies with the applicable rules of the House.''.
SEC. 203. STRENGTHENING NONPARTISANSHIP AND PROFESSIONALISM OF THE
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
Clause 3(g)(1)(A) of rule XI of the Rules of the House of
Representatives is amended by inserting ``and may only be removed from
their positions for cause'' before the semicolon.
SEC. 204. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF CHARTER
FLIGHTS.
(a) House of Representatives.--
(1) In general.--Clause 5(a)(3)(A) of rule XXV of the Rules
of the House of Representatives is amended--
(A) by inserting ``(i)'' after ``(A)''; and
(B) by adding at the end the following:
``(ii) For purposes of this subdivision, in the case of a
flight on an airplane that is not licensed by the Federal
Aviation Administration to operate for compensation or hire,
`market value' shall be the fair market value of a charter
flight. The Committee on Standards of Official Conduct shall
make public information received under this subdivision as soon
as possible after it is received.''.
(2) Disclosure.--Clause 5 of rule XXV of the Rules of the
House of Representatives is amended by adding at the end the
following new paragraph:
``(g) A Member, officer, or employee who takes a flight described
in paragraph (a)(3)(A)(ii) shall, with respect to the flight, file a
report with the Clerk of the House of Representatives for public
disclosure within 10 days after the flight which provides--
``(1) the date of the flight;
``(2) the destination of the flight;
``(3) the identification of the other individuals who were
on the flight, other than those operating the plane; and
``(4) the purpose of the trip.''.
(b) Senate.--
(1) In general.--Paragraph 1(c)(1) of rule XXXV of the
Standing Rules of the Senate is amended--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following:
``(B) Market value for a flight on an airplane that is not
licensed by the Federal Aviation Administration to operate for
compensation or hire shall be the fair market value of a
charter flight. The Select Committee on Ethics shall make
public information received under this subparagraph as soon as
possible after it is received.''.
(2) Disclosure.--Paragraph 1 of rule XXXV of the Standing
Rules of the Senate is amended by adding at the end the
following:
``(g) A Member, officer, or employee who takes a flight described
in subparagraph (c)(1)(B) shall, with respect to the flight, file a
report with the Secretary of the Senate for public disclosure within 10
days after the flight--
``(1) the date of the flight;
``(2) the destination of the flight;
``(3) who else was on the flight, other than those
operating the plane; and
``(4) the purpose of the trip.''.
SEC. 205. BAN ON ALL GIFTS.
(a) In General.--Clause 5(a) of rule XXV of the Rules of the House
of Representatives is amended--
(1) in subparagraph (1)--
(A) by striking ``(A)'', and
(B) by striking subdivision (B); and
(2) by adding at the end of subparagraph (a)(2)(A) the
following new sentence: ``The term `gift' also includes
payments or other disbursements made, or arranged to be made,
for a party, reception, or other event in the honor or
recognition of a Member, Delegate, Resident Commissioner,
officer, or employee that is held at a national party
convention.''.
(b) Conforming Amendment Relating to Attendance at Charity
Events.--Clause 5(a)(4)(C) of such rule is amended by striking
``unless--'' and all that follows and inserting a period.
TITLE III--LOBBYING REFORMS
SEC. 301. TRANSFER OF FUNCTIONS UNDER LOBBYING DISCLOSURE ACT TO
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
(a) Filing of Registrations.--Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is amended--
(1) in subsection (a)(1), by striking ``Clerk'' and
inserting ``Committee on Standards of Official Conduct''; and
(2) in subsection (d), by striking ``Clerk'' and inserting
``Committee on Standards of Official Conduct''.
(b) Penalties.--Section 7 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1606) is amended by striking ``Clerk'' and inserting ``Committee
on Standards of Official Conduct''.
(c) Rules of Construction.--Section 8(c) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607(c)) is amended by striking ``Clerk'' and
inserting ``Committee on Standards of Official Conduct''.
(d) Estimates Based on Tax Reporting System.--Section 15(c)(1) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1610(c)(1)) is amended by
striking ``Clerk'' and inserting ``Committee on Standards of Official
Conduct''.
SEC. 302. REGISTRATION FEES.
Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(a)(1)) is amended by adding at the end the following: ``The
Committee on Standards of Official Conduct of the House of
Representatives shall charge a fee for each registration filed with the
committee, in an amount determined by the committee.''.
SEC. 303. TIMING OF REPORTS; ELECTRONIC FILING.
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended--
(1) in subsection (a)--
(A) in the heading, by striking ``Report.--No later
than'' and inserting ``and Quarterly Reports.--''
``(1) Filing in the senate.--No later than'';
(B) by striking ``and the Clerk of the House of
Representatives''; and
(C) by striking the last sentence and inserting the
following:
``(2) Filing in the house.--No later than 30 days after the
end of each 3-month period beginning on the first day of each
calendar quarter of each year in which a registrant is
registered under section 4, each registrant shall file a report
with the Committee on Standards of Official Conduct of the
House of Representatives on its lobbying activities during that
3-month period.
``(3) Separate reports.--A separate report under this
subsection shall be filed for each client of the registrant.'';
and
(2) by adding at the end the following:
``(d) Electronic Filing.--Each report filed under paragraph (2) of
subsection (a) shall be filed in electronic form, in addition to any
other form that may be required by the Committee on Standards of
Official Conduct of the House of Representatives.''.
SEC. 304. ELECTRONIC DATABASE.
Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is
amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; and
(3) by adding at the end the following:
``(b) Electronic Database.--The Committee on Standards of Official
Conduct of the House of Representatives 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, an
electronic database that--
``(1) includes the information contained in reports filed
with the committee under this Act; and
``(2) is searchable and sortable, at a minimum, by each of
the categories of information described in section 5(b).''.
SEC. 305. PENALTIES FOR OFFERING GIFTS.
Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is
amended--
(1) by striking ``Whoever'' and inserting ``(a) In
General.--Whoever''; and
(2) by adding at the end the following:
``(b) Penalties for Offering Certain Gifts.--Any person who is--
``(1) a lobbyist registered under this Act,
``(2) a lobbyist who is an employee of an organization
registered under this Act, or
``(3) the client of any such lobbyist or organization,
and who offers to a covered legislative branch employee who is
Representative in, or Delegate or Resident Commissioner to, the
Congress, or any officer of employee of the House of Representatives,
any gift, knowing that such gift violates the rules of the House of
Representatives, shall, upon proof thereof by a preponderance of the
evidence, be subject to a civil fine of not more than $50,000.''.
SEC. 306. REVOLVING DOOR.
Section 207(e) of title 18, United States Code, is amended--
(1) by striking paragraphs (1) through (6) and inserting
the following:
``(1) Prohibitions.--Any person who is a covered
legislative branch official and who--
``(A) within 1 year after the date on which that
person leaves office or on which the employment of that
person terminates, as the case may be, or
``(B) before the end of the Congress during which
that person leaves office or on which the employment of
that person terminates, as the case may be,
whichever period is longer, knowingly makes, with the intent to
influence, any communication to or appearance before any of the
persons described in paragraph (2), on behalf of any other
person (except the United States) in connection with any matter
which such former covered legislative branch official 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.
``(2) Persons who may not be contacted.--The persons
referred to in paragraph (1) with respect to appearances or
communications by a former covered legislative branch official
are any Member, officer, or employee of either House of
Congress, and any employee of any other legislative office of
the Congress.
``(3) Covered legislative branch official.--For purposes of
paragraphs (1) and (2), the term `covered legislative branch
official' means any Member, officer, or employee of either
House of Congress, and any employee of any other legislative
office of the Congress.''; and
(2) by redesignating paragraph (7) as paragraph (4).
TITLE IV--MAINTAINING SEPARATION BETWEEN PERSONAL, CAMPAIGN, AND
OFFICIAL FUNDS AND ACTIVITIES
SEC. 401. PROHIBITING CONVERSION OF LEADERSHIP PAC FUNDS TO PERSONAL
USE.
(a) Prohibition.--Section 313(b)(2) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 439a(b)(2)) is amended by inserting
after ``subsection (a)'' the following: ``or funds of a leadership PAC
described in paragraph (3)''.
(b) Leadership PAC Defined.--Section 313(b) of such Act (2 U.S.C.
439a(b)) is amended by adding at the end the following new paragraph:
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' means a political committee which is directly
or indirectly established, maintained, or controlled by a
candidate for election for Federal office or an individual
holding Federal office but is not an authorized committee of
the candidate or individual, except that such term does not
include any political committee of a political party.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after December 2007.
SEC. 402. PROHIBITING PAYMENT OF CAMPAIGN FUNDS TO IMMEDIATE FAMILY
MEMBERS OF CANDIDATES.
(a) Prohibition.--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 Payments to Spouses and Immediate Family
Members.--
``(1) In general.--Notwithstanding any other provision of
this Act, an authorized committee of a candidate and a
leadership PAC of a candidate or individual holding Federal
office may not make any payment to the spouse or any immediate
family member of the candidate or individual (as the case may
be) for services provided to the committee or leadership PAC.
``(2) Exception for nominal reimbursements.--Paragraph (1)
does not apply to nominal amounts paid to reimburse a spouse or
immediate family member for supplies and equipment used by the
committee or leadership PAC involved, so long as the total
amount paid by the committee or leadership PAC for all such
reimbursements during a calendar year does not exceed $500.
``(3) Definitions.--In this subsection--
``(A) the term `immediate family member' means the
son, daughter, stepson, stepdaughter, son-in-law,
daughter-in-law, mother, father, stepmother,
stepfather, mother-in-law, father-in-law, brother,
sister, stepbrother, or stepsister of the candidate or
individual involved; and
``(B) the term `leadership PAC' has the meaning
given such term in subsection (b)(3).''.
(b) Conforming Amendment.--Section 313(a)(1) of such Act (2 U.S.C.
439a(a)(1)) is amended by striking ``for otherwise'' and inserting
``subject to subsection (c), for otherwise''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after December 2007.
SEC. 403. PROHIBITING INVOLVEMENT OF LOBBYISTS IN ADMINISTRATION OF
CERTAIN CAMPAIGN COMMITTEES.
(a) Prohibitions.--Section 302 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 432) is amended by adding at the end the following
new subsection:
``(j) Prohibiting Involvement of Lobbyists in Administration of
Certain Political Committees.--
``(1) Involvement in administration or direction.--A
registered lobbyist may not serve as the treasurer or any other
officer or director of a political committee that is an
authorized committee, leadership PAC, or political committee of
a political party.
``(2) Exception for lobbyists as candidates.--In the case
of a registered lobbyist who is a candidate for election for
Federal office, paragraph (1) shall not apply to an authorized
committee or leadership PAC of the registered lobbyist.
``(3) Definitions.--In this subsection--
``(A) the term `leadership PAC' has the meaning
given such term in section 313(b)(3); and
``(B) the term `registered lobbyist' means a
lobbyist registered under the Lobbying Disclosure Act
of 1995 or any successor statute.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after December 2007.
SEC. 404. PROHIBITING OFFICIAL CONTACT BY STAFF WITH LOBBYIST WHO IS A
SPOUSE OR IMMEDIATE FAMILY MEMBER OF MEMBER.
(a) House.--Rule XXIII of the Rules of the House of Representatives
is amended--
(1) by redesignating clause 14 as clause 15; and
(2) by inserting after clause 13 the following new
paragraph:
``14. (a) If a Member's spouse or immediate family member is a
registered lobbyist under the Lobbying Disclosure Act of 1995, or is
employed or retained by such a registered lobbyist for the purpose of
influencing legislation, the Member shall prohibit all staff employed
by that Member (including staff in personal, committee and leadership
offices) from having any official contact with the Member's spouse or
immediate family member.
``(b) In this paragraph, the term `immediate family member' means
the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law,
mother, father, stepmother, stepfather, mother-in-law, father-in-law,
brother, sister, stepbrother, or stepsister of the Member.''.
(b) Senate.--Rule XXXVII of the Standing Rules of the Senate is
amended--
(1) by redesignating paragraphs (10) through (12) as
paragraphs (11) through (13); and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10)(a) If a Member's spouse or immediate family member is a
registered lobbyist under the Lobbying Disclosure Act of 1995, or is
employed or retained by such a registered lobbyist for the purpose of
influencing legislation, the Member shall prohibit all staff employed
by that Member (including staff in personal, committee and leadership
offices) from having any official contact with the Member's spouse or
immediate family member.
``(b) In this paragraph, the term `immediate family member' means
the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law,
mother, father, stepmother, stepfather, mother-in-law, father-in-law,
brother, sister, stepbrother, or stepsister of the Member.''.
(c) Sense of Congress Regarding Lobbying by Immediate Family
Members.--It is the sense of Congress that 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.
<all>