Sec. 4. Registration of spouses of senior Federal officials and disclosures relating to lobbying activities
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It is the sense of Congress that spouses of high-ranking officials— are afforded unique privileges of access to numerous government officials due to their close personal relationship with a high-ranking official; often have the ability to influence a policy decision made by a government official to benefit an individual of their choosing, including themselves, or a private entity; are not covered under the Lobbying Disclosure Act, creating loopholes ripe for exploitation for nefarious purposes, including self-enrichment; and must be held to a higher level of scrutiny to prevent abuse of or the appearance of abuse of their close proximity to high-ranking officials.
Not later than 45 days after the date that guidance is issued under subsection (d), a spouse of any individual who is a covered Federal official on such date shall register with the Secretary of the Senate and Clerk of the House of Representatives. Not later than 45 days after the date that an individual begins service as a covered Federal official after the date that such guidance is issued, the spouse of such official shall register with the Secretary and Clerk. A spouse shall be exempt from this section if the spouse has registered, or is registered, with the Secretary and the Clerk in accordance with section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ).
An individual who is a spouse of a covered Federal official shall not be subject to the requirements of this section beginning on the date that is one year after— the date the applicable Federal official is no longer a covered Federal official; or the individual is no longer the spouse of a covered Federal official. Not later than 20 days after the end of each 3-month period beginning on the first day of January, April, July, and October of each year in which a spouse is registered pursuant to subsection (b), the spouse shall disclose any covered advocacy activities during such quarterly period.
Each quarterly report filed under paragraph
(1)shall contain— the name of the spouse, the name of the client which received such covered advocacy activities, and any changes or updates to the information provided in the initial registration; for each general issue in which the spouse engaged in covered advocacy activities on behalf of the client during the quarterly period— a list of the specific issues upon which spouse engaged in covered advocacy activities, including, to the maximum extent practicable, a list of bill numbers and references to specific executive branch actions; a statement to the Houses of Congress and the Federal agencies contacted by spouse on behalf of the client; and a description of the interest, if any, of any foreign entity in such covered advocacy activities; an estimate of any such expenses incurred in connection with covered advocacy activities during the quarterly period; and for each client, immediately after listing the client, an identification of whether the client— had an interest before a covered executive branch official (as that term is defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 )); had an interest before a covered legislative branch official (as that term is defined in such section 3); and if the registrant is a spouse of a Member of Congress, if such client has operations within the congressional district represented by such Member. 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. The Secretary or the Clerk shall make available for public inspection and copying at reasonable times the registrations and reports filed under this section and make such report available for public inspection over the internet as soon as practicable after the report is filed. Not later than 180 days after the date of the enactment of this section, the Secretary of the Senate and the Clerk of the House of Representatives shall issue guidance on the implementation of this section. Such guidance shall provide for the following: Guidance and assistance on the registration and reporting requirements of this section and common standards, rules, and procedures for compliance with this section. Relevant administrative procedures to allow electronic filing of any registration or reporting required under this section and public disclosure of such electronic filings. Procedures for— reviewing and verifying the accuracy, completeness, and timeliness of registration and reports; notifying (in writing) any spouse of a covered Federal official that the spouse may be in noncompliance with this section; and notifying the United States Attorney for the District of Columbia that a spouse may be in noncompliance with this section if the spouse has been notified under subparagraph
(B)and has failed to provide an appropriate response within the 60-day period after such notice. Any other requirements necessary to carry out this section. Whoever knowingly fails to— remedy a defective registration within 60 days after notice of notice of such a defect by the Secretary of the Senate or the Clerk of the House of Representatives; or comply with any other provision of this section; shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. Whoever knowingly and corruptly fails to comply with any provision of this section shall be imprisoned for not more than 5 years or fined under title 18, United States Code, or both. In this section— the term covered advocacy activity means any support provided to or work on behalf of a client for the preferred outcome of a client, including legislative or executive branch actions, which is done outside of reasonable advocacy work, such as— any utilization of contacts made available due to the service of the covered Federal official; any support provided to or work on behalf of a client completed by the spouse over 2 or more quarterly periods; and any activity that qualifies as a lobbying contact (as that term is defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 )); and the term covered Federal official means a— a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress; and any individual occupying a position in the Federal Government for which appointment is required to be made by the President, by and with the advice and consent of the Senate.
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Sec. 4
Registration of spouses of senior Federal officials and disclosures relating to lobbying activities
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