HR 2316 · 110th Congress 2007–2009, ended

Honest Leadership and Open Government Act of 2007

Latest action · Jun 4, 2007 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 182.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMay 15, 2007
  2. Passed HouseMay 24, 2007
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Honest Leadership and Open Government Act of 2007 - Title I: Closing the Revolving Door - (Sec. 101) Amends the Rules of the House of Representatives to add Rule XXVII (Disclosure by Members and Staff of Employment Negotiations).

Prohibits a Member, Delegate, or Resident Commissioner (Member) from directly negotiating or having any agreement of future employment or compensation until after the election for his or her successor, unless such Member files a statement about such negotiations or agreement with the Committee on Standards of Official Conduct within three business days after their commencement. Requires inclusion in such a statement of: (1) the name of the private entity or entities involved in the negotiations or agreement; (2) the commencement date; and (3) the Member's signature.

Requires a House officer or employee earning over 75% of the salary paid to a Member to notify the Committee, within three business days, that he or she is negotiating or has any agreement of future employment or compensation.

Requires such Member, officer, or employee to recuse himself or herself from any matter in which there is or appears to be a conflict of interest under the Rule, and to notify the Committee of such recusal. Requires such individual also to submit to the Clerk of the House, for public disclosure, the statement of disclosure for which such recusal was made.

(Sec. 102) Amends the federal criminal code to subject to a fine or imprisonment of up to 15 years, or both, a Member of Congress or a congressional employee who with the intent to influence, on the basis of partisan political affiliation, an employment decision or employment practice of any private entity: (1) takes or withholds, or offers or threatens to take or withhold, an official act; or (2) influences, or offers or threatens to influence, the official act of another.

Provides that such individual may be disqualified from holding any federal office of honor, trust, or profit.

States that nothing in such prohibition shall be construed to create any inference regarding whether such activity was a criminal or civil offence before the enactment of this Act.

(Sec. 103) Prohibits an attorney or law firm (including a professional legal corporation or partnership, or an attorney employed by such firm) which contracts to provide services to a congressional committee or subcommittee, a Member of the leadership of either chamber, a covered legislative branch official, or a working group or congressional caucus, from knowingly making, with the intent to influence, any communication or appearance before any Member, officer, or congressional employee on behalf of another person (except the United States) in connection with any matter on which the attorney or law firm seeks official action by such Member, officer, or employee in his or her official capacity during the term of the contract and for one year thereafter.

Subjects violators of such prohibition to a fine or imprisonment, or both.

(Sec. 104) Amends the federal criminal code to require the Clerk of the House to: (1) notify former Members of the House, officers, or employees of post-employment restrictions; and (2) post the information contained in such notification on the public Internet site of the Clerk's Office.

(Sec. 105) Establishes criminal penalties for a congressional employee formerly employed as a lobbyist who, within one year after leaving employment as a lobbyist, knowingly makes any communication to or appearance before the organization that employed him or her as a lobbyist (if not self-employed) or any client of that organization, present or past, during that one-year period on a matter relating specifically to that organization or client.

Title II: Full Public Disclosure of Lobbying - (Sec. 201) Amends the Lobbying Disclosure Act of 1995 (LDA) to require: (1) quarterly instead of semiannual filing of lobbying disclosures reports; (2) electronic filing; (3) disclosure of registered lobbyist on contributions; and (4) disclosure by registered lobbyists of all past executive and congressional employment.

(Sec. 203) Requires LDA reports to include requests for congressional earmarks.

(Sec. 204) Requires a registered lobbyist who bundles two or more contributions made to a covered recipient in an aggregate amount exceeding $5,000 during a quarterly period to: (1) file a quarterly report with the Secretary of the Senate and the Clerk of the House; and (2) notify the covered recipient by certified mail before filing such report.

Requires the notification to the covered recipient also to include notice of the recipient's right to challenge and correct any information in the report to Congress before the registered lobbyist files such report.

Defines "covered recipient" as a federal candidate, an individual holding federal office, a leadership PAC (an unauthorized, non-party political committee associated with an individual holding federal office), a multicandidate political committee, or a political party committee.

(Sec. 205) Amends the LDA to prohibit a registered lobbyist, a registered organization that employs one or more lobbyists, or a registrant's employee from making a gift or providing travel to a Member, officer, or congressional employee, if the person or organization has knowledge that the gift or travel may not be accepted under the rules of the House of Representatives or the Senate.

(Sec. 206) Redefines "client" with respect to LDA registration requirements.

Treats as the client each individual member of a coalition or association that employs or retains other persons to conduct lobbying activities. (Currently individual members are not to be so treated.)

Treats a coalition or association as the client, for purposes of the exemption from registration requirements, if: (1) total income for matters related to lobbying activities on behalf of a particular client (in the case of a lobbying firm) does not exceed and is not expected to exceed $5,000 in a semiannual period during which the registration would be made; or (2) total expenses in connection with lobbying activities (in the case of an organization whose employees engage in lobbying activities on its own behalf) do not exceed or are not expected to exceed $20,000 in such period.

Treats an association (and not its members) as the client if it is a nonprofit tax-exempt association and has substantial exempt activities other than lobbying regarding the specific issue for which it engaged the person filing the registration statement.

Declares that information on a member of a coalition or association need not be included in any registration if the amount reasonably expected to be contributed by such member toward the coalition's or association's legislation-influencing activities is less than $500 during the quarterly period during which such registration would be made.

Waives such disclosure requirements, with respect to lobbying activities, if it is publicly available knowledge that the organization is affiliated with the client, or has been publicly disclosed to have provided funding to the client, unless the organization in whole or in major part plans, supervises, or controls such lobbying activities.

(Sec. 207) Revises disclosure requirements regarding a lobbyist's employee who has served as a covered legislative branch official in the two years before the date on which such employee first acted (after December 19, 1995) as a lobbyist on the client's behalf. Repeals the two-year limit on the look-back period (thus requiring disclosure of the lobbyist employee's position regardless of when he or she served as a legislative branch official.)

(Sec. 208) Requires the Secretary of the Senate and the Clerk of the House to: (1) maintain certain lobbying disclosure information in an electronic data base, available to the public free of charge over the Internet; and (2) make lobbying activity reports available for public inspection over the Internet within 48 hours after such report is filed.

Authorizes appropriations.

(Sec. 209) Expresses 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.

(Sec. 210) Makes amendments made by this title inapplicable to political committee activities specified in the Federal Election Campaign Act of 1971.

Title III: Enforcement of Lobbying Restrictions - (Sec. 301) Amends the LDA to increase from $50,000 to $100,000 the civil penalty for knowing failure to comply with any LDA requirement.

Establishes criminal penalties of fines or imprisonment for up to five years, or both, for knowing and corrupt failure to comply.

Title IV: Inceased Disclosure - (Sec. 401) Amends Rule XXV (Limitations on Outside Earned Income and Acceptance of Gifts) of the Rules of the House to require a Member of the House to prohibit all of his or her staff from having any official contact with the Member's spouse if the spouse is a registered lobbyist or is employed or retained by a registered lobbyist to influence legislation.

(Sec. 402) Requires the Clerk of the House to: (1) post certain travel and financial disclosure reports on the public Internet site of the Clerk's Office in a searchable, sortable, and downloadable format; and (2) maintain such information for at least six years after receiving it.

Permits Members of the House to omit certain personally identifiable information from the reports before such posting.

Requires the Clerk of the House to include in any informational materials about website disclosures an explanation of the procedures for protecting such personally identifiable information.

(Sec. 403) Amends Rule XXV (Limitations on Outside Earned Income and Acceptance of Gifts) of the Rules of the House to prohibit gifts to Members, officers, and employees of the House from state and local governments.

Allows such individuals to accept from a state or local government a reimbursement (including payment in kind) for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, factfinding trip, or similar event related to officeholder duties.

Title V: Additional Criminal Penalties for Public Officials - (Sec. 501) Amends the federal criminal code to authorize a sentencing judge to increase by up to two years any sentence of imprisonment in a federal criminal case in which a public official is convicted of a federal offense: (1) consisting of conduct during the course of official duty intended to enrich that official; and (2) involving bribery, fraud, extortion, or theft of public funds greater than $10,000.

Title VI: General Provisions - (Sec. 501) Provides that nothing in this Act or the amendments made by it 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.

Recorded votes 3

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 423Passed396–22May 24, 2007
House 422Passed346–71May 24, 2007
House 421Failed152–271May 24, 2007

Cosponsors 8

Members who signed on, in the order they did. Signatures ran from May 15, 2007 to May 21, 2007; 5 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-CABrad ShermanOriginalMay 15, 2007
D-MDChris Van HollenOriginalMay 15, 2007
D-NYJohn J. HallOriginalMay 15, 2007
D-ILRahm EmanuelOriginalMay 15, 2007
D-WISteve KagenOriginalMay 15, 2007
D-FLKathy CastorMay 21, 2007
D-KSNancy E. BoydaMay 21, 2007
D-OHZachary T. SpaceMay 21, 2007

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred May 15, 2007Markup May 17, 2007Reported May 22, 2007
HouseRules Committee
Referred May 15, 2007Discharged May 22, 2007
HouseCommittee on House Administration
Referred May 15, 2007Discharged May 22, 2007

Actions 31

Everything that happened, newest first.

  1. Jun 4, 2007Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 182.
  2. May 25, 2007Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  3. May 24, 2007Rules Committee Resolution H. Res. 437 Reported to House. Rule provides for consideration of H.R. 2317 and H.R. 2316.
  4. May 24, 2007Rule H. Res. 437 passed House.
  5. May 24, 2007Considered under the provisions of rule H. Res. 437. (consideration: CR 5/25/2007 H5759-5776; text of measure as reported in House: CR 5/25/2007 H5764-5766)

In the Congressional Record 12

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1759John Conyers, Jr. D-MIAug 4, 2007
HouseDebate and remarks H9055, H9056, H9057, H9058, H9189Baron P. Hill D-IN, Christopher Murphy D-CT, John J. Hall D-NY, Nancy E. Boyda D-KS, Rahm Emanuel D-IL, Zachary T. Space D-OHJul 31, 2007
SenateDebate and remarks S9296Jim DeMint R-SCJul 17, 2007
SenateDebate and remarks S8765Jim DeMint R-SC, Richard J. Durbin D-ILJul 9, 2007
SenateDebate and remarks S8667–S8670Barbara Boxer D-CA, Charles E. Schumer D-NY, Harry Reid D-NV, Jim DeMint R-SC, Mitch McConnell R-KY, Richard J. Durbin D-ILJun 28, 2007
SenateDebate and remarks S8400, S8401Harry Reid D-NV, Robert F. Bennett R-UTJun 26, 2007
ExtensionsDebate and remarks E1232Betty McCollum D-MNJun 11, 2007
ExtensionsDebate and remarks E1195Tom Udall D-NMJun 5, 2007
SenateDebate and remarks S6972Harry Reid D-NVJun 4, 2007
SenateDebate and remarks S6968Harry Reid D-NVMay 25, 2007
HouseDebate and remarks H5738–H5747, H5751–H5753, H5759–H5776, H5914Text printed H5738, H5764–H5766Amendments H5745, H5764, H5766, H5767, H5768, H5770, H5771, H5775Motions H5772Recorded votes H5746, H5747, H5771, H5774, H5776Chabot motion to recommit (provide greater transparency relative to lobbying activities)consideration (H. Res. 437), previous questionConyers amendment (one-year ban on generals and flag officers from receiving compensation from companies with Dept. of Defense contracts over a certain amount)enactBetty Sutton D-OH, Carolyn B. Maloney D-NY, Chris Cannon R-UT, David Dreier R-CA (amendment), Dennis A. Cardoza D-CA (amendment), Earl Blumenauer D-OR, Ed Whitfield R-KY, Eric Cantor R-VA, Frank R. Wolf R-VA, Jeff Flake R-AZ, Joe Sestak D-PA, John Conyers, Jr. D-MI (amendment), Joseph Crowley D-NY, Kathy Castor D-FL, Lamar Smith R-TX, Lloyd Doggett D-TX, Martin T. Meehan D-MA, Michael N. Castle R-DE (amendment), Neil Abercrombie D-HI, Patrick T. McHenry R-NC, Phil Gingrey R-GA, Rahm Emanuel D-IL, Sander M. Levin D-MI, Sheila Jackson Lee D-TX, Steny H. Hoyer D-MD, Steve Chabot R-OH (amendment, motion), Steve King R-IA, Zachary T. Space D-OHMay 24, 2007
HouseDeclaratory Statements H5623—May 22, 2007

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. May 21, 2007H.R. 2316, Honest Leadership and Open Government Act of 2007<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 17, 2007</p>
  2. May 21, 2007H.R. 2316, Honest Leadership and Open Government Act of 2007Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 17, 2007

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
RL34611Whither the Role of Conference Committees: An Analysis ArchivedReportAug 12, 2008

Amendments 6

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 232An amendment numbered 1 printed in House Report 110-167 to make technical corrections to the text of the bill. In addition, it would permit Members to omit personally identifiable information not required to be disclosed on the reports posted on the Internet by the Clerk.John Conyers, Jr. D-MIOn agreeing to the Conyers amendment (A001) Agreed to by voice vote.
HAmdt 233An amendment numbered 2 printed in House Report 110-167 to add language passed by the House as part of H.R. 4975 in the 109th Congress amending the post-employment restrictions contained in section 207(e) of title 18, United States Code. The amendment would direct the Clerk, in consultation with the Committee on Standards of Official Conduct, to inform a Member, officer, or employee who is subject to the post-employment restrictions on lobbying contacts contained in that section of the beginning and ending dates of the restriction.David Dreier R-CAOn agreeing to the Dreier amendment (A002) Agreed to by voice vote.
HAmdt 234An amendment numbered 3 printed in House Report 110-167 to place a one-year ban on flag and general officers of the Armed Services from receiving compensation from any company that does greater than $50 million in business with the Department of Defense. This ban will take place 120 days from the enactment of the legislation.John Conyers, Jr. D-MIOn agreeing to the Conyers amendment (A003) Failed by recorded vote: 152 - 271, 1 Present (Roll no. 421).
HAmdt 235An amendment numbered 4 printed in House Report 110-167 stating that 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.Michael N. Castle R-DEOn agreeing to the Castle amendment (A004) Agreed to by voice vote.
HAmdt 236An amendment numbered 5 printed in House Report 110-167 to give judges the discretion to increase the sentence for public official convicted of bribery, fraud, extortion or theft of public funds greater than $10,000. If a public official was convicted of one of the enumerated crimes, a sentencing (up to two years) for those public officials.Dennis A. Cardoza D-CAOn agreeing to the Cardoza amendment (A005) Agreed to by voice vote.

Related bills 1

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To provide more rigorous requirements with respect to disclosure and enforcement of lobbying laws and regulations, and for other purposes.
Short Titles as Introduced
Honest Leadership and Open Government Act of 2007
Short Titles as Reported to House
Honest Leadership and Open Government Act of 2007
Short Titles as Passed House
Honest Leadership and Open Government Act of 2007

Subjects

Assigned by the Library of Congress. Policy area: Congress.

Text 4

Each version as it was printed, newest first.

  1. Jun 4, 2007Placed on Calendar Senate
  2. May 24, 2007Engrossed in House
  3. May 21, 2007Reported in House
  4. May 15, 2007Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.