[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1078 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1078
To provide that a former Member of Congress receiving compensation as a
lobbyist shall be ineligible to receive certain Federal retirement
benefits or to use certain congressional benefits and services, to
require each Member of Congress to post on the Member's official public
website a hyperlink to the most recent annual financial disclosure
report filed by the Member under the Ethics in Government Act of 1978,
to prohibit the use of appropriated funds to pay for the costs of
travel by the spouse of a Member of Congress who accompanies the Member
on official travel, to restrict the use of travel promotional awards by
Members of Congress who receive such awards in connection with official
air travel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2021
Mr. Schneider introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
Oversight and Reform, Rules, and Transportation and Infrastructure, 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 provide that a former Member of Congress receiving compensation as a
lobbyist shall be ineligible to receive certain Federal retirement
benefits or to use certain congressional benefits and services, to
require each Member of Congress to post on the Member's official public
website a hyperlink to the most recent annual financial disclosure
report filed by the Member under the Ethics in Government Act of 1978,
to prohibit the use of appropriated funds to pay for the costs of
travel by the spouse of a Member of Congress who accompanies the Member
on official travel, to restrict the use of travel promotional awards by
Members of Congress who receive such awards in connection with official
air travel, 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 ``Prohibiting Perks and Privileges
Act''.
SEC. 2. INELIGIBILITY OF FORMER MEMBERS RECEIVING COMPENSATION AS
LOBBYISTS FOR CERTAIN BENEFITS AND SERVICES.
(a) Forfeiture of Benefits.--
(1) In general.--Notwithstanding any other provision of
law, a former Member of Congress may not be paid any covered
benefit if such former Member is--
(A) a registered lobbyist; or
(B) receives compensation as a direct result of
lobbying activities.
(2) Covered benefits.--For purposes of this subsection, the
term ``covered benefits'', as used with respect to a former
Member of Congress, means any payment or other benefit which is
payable, by virtue of service performed by such former Member,
under any of the following:
(A) The Civil Service Retirement System, including
the Thrift Savings Plan.
(B) The Federal Employees Retirement System,
including the Thrift Savings Plan.
(C) The Federal Employees Health Benefits Program,
including enhanced dental benefits and enhanced vision
benefits under chapters 89A and 89B, respectively, of
title 5, United States Code.
(3) Rules of construction.--Nothing in this subsection
shall be considered to prevent the payment of--
(A) any lump-sum credit, as defined by section
8331(8) or 8401(19) of title 5, United States Code, to
which a former Member of Congress subject to paragraph
(1) is entitled;
(B) any contributions in the account of a former
Member of Congress subject to paragraph (1) in the
Thrift Savings Fund which, as of the date on which
paragraph (1) applies to a former Member, are
nonforfeitable; or
(C) any annuity payments with respect to an annuity
of a former Member of Congress subject to paragraph (1)
to a former spouse or survivor who is entitled to such
payments.
(4) Regulations.--Any regulations necessary to carry out
this subsection may be prescribed by--
(A) except as provided in subparagraph (B), the
Director of the Office of Personnel Management; and
(B) to the extent that this subsection relates to
the Thrift Savings Plan, by the Executive Director (as
defined by section 8401(13) of title 5, United States
Code).
(b) Prohibition on Access to Certain Congressional Benefits and
Services.--
(1) In general.--Notwithstanding any other provision of
law, a former Member of Congress may not use any of the
congressional benefits and services described in paragraph (2)
(except to the extent such benefits and services are made
available to members of the public) at any time during which
such former Member is--
(A) a registered lobbyist; or
(B) receives compensation as a direct result of
lobbying activities.
(2) Benefits and services described.--The congressional
benefits and services described in this paragraph are as
follows:
(A) Access to the Hall of the House or the Hall of
the Senate.
(B) Access to athletic facilities and other
facilities available for the use of Members of
Congress.
(C) Access to the Members' Dining Room located in
the House of Representatives wing of the United States
Capitol or the Senators' Dining Room located in the
Senate wing of the United States Capitol.
(D) Access to material from the House document room
or the Senate document room.
(E) Use of the collections in the House Legislative
Resource Center or the Senate Library without borrowing
privileges.
(c) Definitions.--For purposes of this subsection--
(1) the terms ``agency'', ``client'', ``covered executive
branch official'', ``covered legislative branch official'',
``lobbyist'', ``lobbying activities'', and ``lobbying
contact'', have the meaning given such terms in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
(2) the term ``former Member of Congress'' means any Member
of Congress who becomes a former Member of Congress after the
date of enactment of this Act;
(3) the term ``Member of Congress'' has the meaning given
such term in section 2106 of title 5, United States Code; and
(4) the term ``registered lobbyist'' means a lobbyist
registered or required to register, or on whose behalf a
registration is filed or required to be filed, under section 4
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603).
SEC. 3. POSTING LINKS TO FINANCIAL DISCLOSURE REPORTS OF MEMBERS OF
CONGRESS ON MEMBER WEBSITES.
(a) Requirement To Post Links to Reports.--Upon filing the report
required under section 101(d) of the Ethics in Government Act of 1978
(5 U.S.C. App. 101(d)), each Member of Congress shall, in consultation
with the Clerk of the House of Representatives (in the case of a
Representative in, or Delegate or Resident Commissioner to, the
Congress) or the Secretary of the Senate (in the case of a Senator),
post a hyperlink to the report on the official public website of the
office of the Member.
(b) Effective Date.--This section shall apply with respect to
reports filed on or after the expiration of the 60-day period which
begins on or after the date of the enactment of this Act.
SEC. 4. PROHIBITING USE OF APPROPRIATED FUNDS FOR TRAVEL OF SPOUSES
ACCOMPANYING MEMBERS OF CONGRESS ON OFFICIAL TRAVEL.
(a) Prohibition.--No appropriated funds, including official funds
of the House of Representatives, official funds of the Senate, or funds
available under any Federal law, rule, or regulation, may be used to
pay for the costs of travel by the spouse of a Member of Congress in
accompanying the Member on official travel.
(b) Certification.--If the spouse of a Member of Congress
accompanies the Member on official travel, the head of the office whose
funds are to be used to pay for the costs of such travel shall certify
prior to the travel that no additional costs will be incurred by the
Government as the result of the spouse accompanying the Member on such
travel.
(c) Rule of Construction.--Nothing in this section may be construed
to prohibit the spouse of a Member of Congress who accompanies the
Member on official travel from paying for the costs of the spouse's
travel.
(d) Official Travel Defined.--In this section, the term ``official
travel'' means any travel for which the costs (including the costs of
transportation, lodging, meals, and related expenses) may be covered by
appropriated funds, including official funds of the House of
Representatives, official funds of the Senate, or funds available under
any Federal law, rule, or regulation.
(e) Effective Date.--This section shall apply with respect to
travel undertaken on or after the date of the enactment of this Act.
SEC. 5. RESTRICTING USE BY MEMBERS OF CONGRESS OF TRAVEL PROMOTIONAL
AWARDS RECEIVED IN CONNECTION WITH OFFICIAL AIR TRAVEL.
(a) Restrictions on Use by Members of the House of
Representatives.--Clause 5 of rule XXV of the Rules of the House of
Representatives is amended by adding at the end the following new
paragraph:
``(j)(1) Except as provided in subparagraph (2), if a Member,
Delegate, or Resident Commissioner receives a travel promotional award
in connection with any official air travel undertaken by the Member,
Delegate, or Resident Commissioner, the Member, Delegate, or Resident
Commissioner may use the award only in connection with other official
air travel undertaken by such Member, Delegate, or Resident
Commissioner.
``(2) Notwithstanding subparagraph (1), a Member, Delegate, or
Resident Commissioner may donate a travel promotional award described
in such subparagraph to an organization described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code.
``(3) In this paragraph--
``(A) the term `official air travel' means travel by
commercial aircraft for which the costs are paid with Federal
funds, including the Members' Representational Allowance; and
``(B) the term `travel promotional award' includes free
travel, travel discounts, upgrade certificates, coupons,
frequent flyer miles, access to carrier club facilities, and
other similar travel promotional items, as determined in
accordance with regulations of the Committee on House
Administration.''.
(b) Restrictions on Use by Senators.--Rule XXXV of the Standing
Rules of the Senate is amended--
(1) by redesignating paragraphs 5 and 6 as paragraphs 6 and
7; and
(2) by inserting after paragraph 4 the following new
paragraph:
``5. (a) Except as provided in subparagraph (b), if a Member
receives a travel promotional award in connection with any official air
travel undertaken by the Member, the Member may use the award only in
connection with other official air travel undertaken by such Member.
``(b) Notwithstanding subparagraph (a), a Member may donate a
travel promotional award described in such subparagraph to an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code.
``(c) In this subparagraph--
``(A) the term `official air travel' means travel by
commercial aircraft for which the costs are paid with Federal
funds, including the Senators' Official Personnel and Office
Expense Account; and
``(B) the term `travel promotional award' includes free
travel, travel discounts, upgrade certificates, coupons,
frequent flyer miles, access to carrier club facilities, and
other similar travel promotional items, as determined in
accordance with regulations of the Committee on Rules and
Administration.''.
(c) Sense of Congress Regarding Transferability of Travel
Promotional Awards.--It is the sense of Congress that commercial
airlines should permit individuals who receive travel promotional
awards, including frequent flyer miles, in connection with travel on
the airlines to transfer such awards to nonprofit organizations under
section 501(c)(3) of the Internal Revenue Code of 1986.
(d) Exercise of Rulemaking Authority.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to that
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of that House.
SEC. 6. MEMBER OF CONGRESS DEFINED.
Except as otherwise provided, in this Act the term ``Member of
Congress'' means a Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress.
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