[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2180

 To provide more rigorous requirements with respect to disclosure and 
enforcement of ethics and lobbying laws and regulations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 2006

   Mr. Reid (for himself, Mr. Durbin, Ms. Stabenow, Mr. Schumer, Mr. 
 Akaka, Mr. Baucus, Mr. Bayh, Mr. Biden, Mr. Bingaman, Mrs. Boxer, Mr. 
Carper, Mrs. Clinton, Mr. Conrad, Mr. Dayton, Mr. Dorgan, Mr. Feingold, 
    Mr. Harkin, Mr. Johnson, Mr. Kennedy, Mr. Kerry, Mr. Kohl, Mr. 
  Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr. 
     Menendez, Ms. Mikulski, Mrs. Murray, Mr. Obama, Mr. Reed, Mr. 
  Rockefeller, Mr. Salazar, Mr. Wyden, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide more rigorous requirements with respect to disclosure and 
enforcement of ethics and lobbying laws and regulations, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Honest Leadership 
and Open Government Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
                  TITLE I--CLOSING THE REVOLVING DOOR

Sec. 101. Extension of lobbying ban for former Members and employees of 
                            Congress and executive branch officials.
Sec. 102. Elimination of floor privileges for former Member lobbyists.
Sec. 103. Disclosure by Members of Congress and senior congressional 
                            staff of employment negotiations.
Sec. 104. Ethics review of employment negotiations by executive branch 
                            officials.
Sec. 105. Wrongfully influencing a private entity's employment 
                            decisions or practices.
              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Electronic filing of lobbying disclosure reports.
Sec. 203. Additional lobbying disclosure requirements.
Sec. 204. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 205. Disclosure of lobbying activities by certain coalitions and 
                            associations.
Sec. 206. Disclosure by registered lobbyists of past executive and 
                            congressional employment.
Sec. 207. Creation of a comprehensive public database of lobbying 
                            disclosure information.
Sec. 208. Conforming amendment.
         TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS

Sec. 301. Ban on gifts from lobbyists.
Sec. 302. Prohibition on privately funded travel.
Sec. 303. Prohibiting lobbyist organization and participation in 
                            congressional travel.
Sec. 304. Disclosure of noncommercial air travel.
Sec. 305. Per diem expenses for congressional travel.
             TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS

Sec. 401. Senate Office of Public Integrity.
Sec. 402. Increased civil and criminal penalties for failure to comply 
                            with lobbying disclosure requirements.
Sec. 403. Penalty for false certification in connection with 
                            congressional travel.
Sec. 404. Mandatory annual ethics training for congressional employees.
                        TITLE V--OPEN GOVERNMENT

Sec. 501. Sense of the Senate on conference committee protocols.
Sec. 502. Actual voting required in conference committee meetings.
Sec. 503. Availability of conference reports on the internet.

                  TITLE I--CLOSING THE REVOLVING DOOR

SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER MEMBERS AND EMPLOYEES OF 
              CONGRESS AND EXECUTIVE BRANCH OFFICIALS.

    Section 207 of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in the subsection heading, by striking ``One-
                year'' and inserting ``Two-year'';
                    (B) in paragraph (1), by striking ``1 year'' and 
                inserting ``2 years'' in both places it appears; and
                    (C) in paragraph (2)(B), by striking ``1-year 
                period'' and inserting ``2-year period;''
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``1 year'' and 
                inserting ``2 years''; and
                    (B) in paragraph (2)(A), by striking ``1 year'' and 
                inserting ``2 years''; and
            (3) in subsection (e)--
                    (A) in paragraph (1)(A), by striking ``1 year'' and 
                inserting ``2 years'';
                    (B) in paragraph (2)(A), by striking ``1 year'' and 
                inserting ``2 years'';
                    (C) in paragraph (3), by striking ``1 year'' and 
                inserting ``2 years'';
                    (D) in paragraph (4), by striking ``1 year'' and 
                inserting ``2 years'';
                    (E) in paragraph (5)(A), by striking ``1 year'' and 
                inserting ``2 years''; and
                    (F) in paragraph (6), by striking ``1-year period'' 
                and inserting ``2-year period''.

SEC. 102. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBER LOBBYISTS.

    Rule XXIII of the Standing Rules of the Senate is amended by 
inserting after ``Ex-Senators and Senators elect'' the following: ``, 
except for any ex-Senator or Senator elect who is a registered 
lobbyist''.

SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND SENIOR CONGRESSIONAL 
              STAFF OF EMPLOYMENT NEGOTIATIONS.

    (a) Senate.--Rule XXXVII of the Standing Rules of the Senate is 
amended by adding at the end the following:
    ``13. (a) A Member of the Senate or an employee of the Senate 
earning in excess of 75 percent of the salary paid to a Senator shall 
notify the Committee on Ethics that he or she is negotiating or has any 
arrangement concerning prospective private employment if a conflict of 
interest or the appearance of a conflict of interest may exist.
    ``(b) The disclosure and notification under subparagraph (a) shall 
be made within 3 business days after the commencement of such 
negotiation or arrangement.
    ``(c) A Member or employee to whom this rule applies shall recuse 
himself or herself from any matter in which there is a conflict of 
interest for that Member or employee under this rule and notify the 
Select Committee on Ethics of such recusal.
    ``(d)(1) The Select Committee on Ethics shall develop guidelines 
concerning conduct which is covered by this paragraph.
    ``(2) The Select Committee on Ethics shall maintain a current 
public record of all notifications received under subparagraph (a) and 
of all recusals under subparagraph (c).''.

SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS BY EXECUTIVE BRANCH 
              OFFICIALS.

    Section 208 of title 18, United States Code, is amended--
            (1) in subsection (b)(1)--
                    (A) by inserting after ``the Government official 
                responsible for appointment to his or her position'' 
                the following: ``and the Office of Government Ethics''; 
                and
                    (B) by striking ``a written determination made by 
                such official'' and inserting ``a written determination 
                made by the Office of Government Ethics, after 
                consultation with such official,''; and
            (2) in subsection (b)(3), by striking ``the official 
        responsible for the employee's appointment, after review of'' 
        and inserting ``the Office of Government Ethics, after 
        consultation with the official responsible for the employee's 
        appointment and after review of''; and
            (3) in subsection (d)(1)--
                    (A) by striking ``Upon request'' and all that 
                follows through ``Ethics in Government Act of 1978.'' 
                and inserting ``In each case in which the Office of 
                Government Ethics makes a determination granting an 
                exemption under subsection (b)(1) or (b)(3) to a 
                person, the Office shall, not later than 3 business 
                days after making such determination, make available to 
                the public pursuant to the procedures set forth in 
                section 105 of the Ethics in Government Act of 1978, 
                and publish in the Federal Register, such determination 
                and the materials submitted by such person in 
                requesting such exemption.''; and
                    (B) by striking ``the agency may withhold'' and 
                inserting ``the Office of Government Ethics may 
                withhold''.

SEC. 105. 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:
``Sec. 226. 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 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 226 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 226 
of title 18, United States Code, was already a criminal or civil 
offense prior to the enactment of this Act, including sections 201(b), 
201(c), and 216 of title 18, United States Code.
    (c) Chapter Analysis.--The chapter analysis for chapter 11 of title 
18, United States Code, is amended by adding at the end the following:

``226. Wrongfully influencing a private entity's employment decisions 
                            by a Member of Congress.''.
    (d) Senate Rules.--Rule XLIII of the Standing Rules of the Senate 
is amended by adding at the end the following:
    ``6. No Member shall, with the intent to influence on the basis of 
partisan political affiliation an employment decision or employment 
practice of any private entity--
            ``(1) take or withhold, or offer or threaten to take or 
        withhold, an official act; or
            ``(2) influence, or offer or threaten to influence, the 
        official act of another.''.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

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 ``the semiannual period'' and all 
                that follows through ``July of each year'' and insert 
                ``the quarterly period beginning on the first days of 
                January, April, July, and October of each year''; and
                    (C) by striking ``such semiannual period'' and 
                insert ``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''.
    (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 ``three-month period''.
            (2) Registration.--Section 4 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1603) is amended--
                    (A) in subsection (a)(3)(A), by striking 
                ``semiannual period'' and inserting ``quarterly 
                period''; and
                    (B) in subsection (b)(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.--
                    (A) Section 4 of the Lobbying Disclosure Act of 
                1995 (2 U.S.C. 1603) is amended--
                            (i) in subsection (a)(3)(A)(i), by striking 
                        ``$5,000'' and inserting ``$2,500'';
                            (ii) in subsection (a)(3)(A)(ii), by 
                        striking ``$20,000'' and inserting ``$10,000'';
                            (iii) in subsection (b)(3)(A), by striking 
                        ``$10,000'' and inserting ``$5,000''; and
                            (iv) in subsection (b)(4), by striking 
                        ``$10,000'' and inserting ``$5,000''.
                    (B) Section 5 of the Lobbying Disclosure Act of 
                1995 (2 U.S.C. 1604) is amended--
                            (i) in subsection (c)(1), by striking 
                        ``$10,000'' and ``$20,000'' and inserting 
                        ``$5,000'' and ``$10,000'', respectively; and
                            (ii) in subsection (c)(2), by striking 
                        ``$10,000'' both places such term appears and 
                        inserting ``$5,000''.

SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

    Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is 
amended by adding at the end the following:
    ``(d) 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 may be required by the Secretary of the Senate or 
the Clerk of the House of Representatives. The Secretary of the Senate 
and the Clerk of the House of Representatives shall provide for public 
access to such reports on the Internet.''.

SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.

    (a) Disclosure of Contributions and Payments.--Section 5(b) of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended--
            (1) in paragraph (5), as added by section 204(c), by 
        striking the period and inserting a semicolon; and
            (2) by adding at the end the following:
            ``(6) for each registrant (and for any political committee, 
        as defined in section 301(4) of the Federal Election Campaign 
        Act of 1971 (2 U.S.C. 431(4)), affiliated with such registrant) 
        and for each employee listed as a lobbyist by a registrant 
        under paragraph 2(C), the name of each Federal candidate or 
        officeholder, leadership PAC, or political party committee, to 
        whom a contribution was made, and the amount of such 
        contribution; and
            ``(7) a certification that the lobbying firm or registrant 
        has not provided, requested, or directed a gift, including 
        travel, to a Member or employee of Congress in violation of 
        rule XXXV of the Standing Rules of the Senate.''.
    (b) Leadership PAC.--Section 3 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1602) is amended by adding at the end the following:
            ``(17) Leadership pac.--The term `leadership PAC' means an 
        unauthorized multicandidate political committee that is 
        established, financed, maintained, and controlled by an 
        individual who is a Federal officeholder or a candidate for 
        Federal office.''.
    (c) Full and Detailed Accounting.--Section 5(c)(1) of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1604(c)(1)) is amended by striking 
``shall be rounded to the nearest $20,000'' and inserting ``shall be 
rounded to the nearest $1,000''.

SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.

    (a) Disclosure of Paid Efforts to Stimulate Grassroots Lobbying.--
Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is 
amended--
            (1) in paragraph (7), by adding at the end the following: 
        ``Lobbying activities include paid efforts to stimulate 
        grassroots lobbying, but do not include grassroots lobbying.''; 
        and
            (2) by adding at the end the following:
            ``(18) Grassroots lobbying.--The term `grassroots lobbying' 
        means the voluntary efforts of members of the general public to 
        communicate their own views on an issue to Federal officials or 
        to encourage other members of the general public to do the 
        same.
            ``(19) Paid efforts to stimulate grassroots lobbying.--The 
        term `paid efforts to stimulate grassroots lobbying'--
                    ``(A) means any paid attempt to influence the 
                general public, or segments thereof, to engage in 
                grassroots lobbying or lobbying contacts; and
                    ``(B) does not include any attempt described in 
                subparagraph (A) by a person or entity directed to its 
                members, employees, officers or shareholders, unless 
                such attempt is financed with funds directly or 
                indirectly received from or arranged by a lobbyist or 
                other registrant under this Act retained by another 
                person or entity.
            ``(20) Grassroots lobbying firm.--The term `grassroots 
        lobbying firm' means a person or entity that--
                    ``(A) is retained by 1 or more clients to engage in 
                paid efforts to stimulate grassroots lobbying on behalf 
                of such clients; and
                    ``(B) receives income of, or spends or agrees to 
                spend, an aggregate of $50,000 or more for such efforts 
                in any quarterly period.''.
    (b) Registration.--Section 4(a) of the Act (2 U.S.C. 1603(a)) is 
amended--
            (1) in paragraph (1), by striking ``45'' and inserting 
        ``20'';
            (2) in the flush matter at the end of paragraph (3)(A)--
                    (A) by striking ``as estimated'' and inserting ``as 
                included''; and
                    (B) by adding at the end the following: ``For 
                purposes of clauses (i) and (ii) the term `lobbying 
                activities' shall not include paid efforts to stimulate 
                grassroots lobbying.'';
            (3) by redesignating paragraph (3) as paragraph (4); and
            (4) by inserting after paragraph (2) the following:
            ``(3) Grassroots lobbying firms.--Not later than 20 days 
        after a grassroots lobbying firm first is retained by a client 
        to engage in paid efforts to stimulate grassroots lobbying, 
        such grassroots lobbying firm shall register with the Secretary 
        of the Senate and the Clerk of the House of Representatives.''.
    (c) Separate Itemization of Paid Efforts to Stimulate Grassroots 
Lobbying.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
            (1) in paragraph (3), by--
                    (A) inserting after ``total amount of all income'' 
                the following: ``(including a separate good faith 
                estimate of the total amount relating specifically to 
                paid efforts to stimulate grassroots lobbying and, 
                within that amount, a good faith estimate of the total 
                amount specifically relating to paid advertising)''; 
                and
                    (B) striking ``and'' after the semicolon;
            (2) in paragraph (4), by--
                    (A) inserting after ``total expenses'' the 
                following: ``(including a good faith estimate of the 
                total amount relating specifically to paid efforts to 
                stimulate grassroots lobbying and, within that total 
                amount, a good faith estimate of the total amount 
                specifically relating to paid advertising)''; and
                    (B) striking the period and inserting a semicolon;
            (3) by adding at the end the following:
            ``(5) in the case of a grassroots lobbying firm, for each 
        client--
                    ``(A) a good faith estimate of the total 
                disbursements made for grassroots lobbying activities, 
                and a subtotal for disbursements made for grassroots 
                lobbying through paid advertising;
                    ``(B) identification of each person or entity other 
                than an employee who received a disbursement of funds 
                for grassroots lobbying activities of $10,000 or more 
                during the period and the total amount each person or 
                entity received; and
                    ``(C) if such disbursements are made through a 
                person or entity who serves as an intermediary or 
                conduit, identification of each such intermediary or 
                conduit, identification of the person or entity who 
                receives the funds, and the total amount each such 
                person or entity received.''; and
            (4) by adding at the end the following:
``Subparagraphs (B) and (C) of paragraph (2) shall not apply with 
respect to reports relating to paid efforts to stimulate grassroots 
lobbying activities.''.
    (d) Large Grassroots Expenditure.--Section 5(a) of the Act (2 
U.S.C. 1604(a)) is amended--
            (1) by striking ``No later'' and inserting:
            ``(1) In general.--Except as provided in paragraph (2), not 
        later''; and
            (2) by adding at the end the following:
            ``(2) Large grassroots expenditure.--A registrant that is a 
        grassroots lobbying firm and that receives income of, or spends 
        or agrees to spend, an aggregate amount of $250,000 or more on 
        paid efforts to stimulate grassroots lobbying for a client, or 
        for a group of clients for a joint effort, shall file--
                    ``(A) a report under this section not later than 20 
                days after receiving, spending, or agreeing to spend 
                that amount; and
                    ``(B) an additional report not later than 20 days 
                after each time such registrant receives income of, or 
                spends or agrees to spend, an aggregate amount of 
                $250,000 or more on paid efforts to stimulate 
                grassroots lobbying for a client, or for a group of 
                clients for a joint effort.''.

SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND 
              ASSOCIATIONS.

    (a) In General.--Section 4(b)(3)(B) of the Lobbying Disclosure Act 
of 1995 (2 U.S.C. 1603(b)(3)(B)) is amended to read as follows:
                    ``(B) participates in the planning, supervision or 
                control of such lobbying activities;''.
    (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 it is publicly 
available knowledge that the organization that would be identified 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. 
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.''.

SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE 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 ``or a covered legislative branch 
official'' and all that follows through ``as a lobbyist on behalf of 
the client,'' and inserting ``or a covered legislative branch 
official,''.

SEC. 207. CREATION OF A COMPREHENSIVE PUBLIC DATABASE OF LOBBYING 
              DISCLOSURE INFORMATION.

    (a) Database Required.--Section 6 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1605) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) maintain, and make available to the public over the 
        Internet, without a fee or other access charge, in a searchable 
        and downloadable manner, an electronic database that includes 
        the information contained in registrations and reports filed 
        under this Act.''.
    (b) Availability of Reports.--Section 6(4) of the Lobbying 
Disclosure Act of 1995 is amended by inserting before the semicolon at 
the end the following: ``and, in the case of a report filed in 
electronic form pursuant to section 5(d), shall make such report 
available for public inspection over the Internet not more than 48 
hours 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 section 6(9) of 
the Lobbying Disclosure Act of 1995, as added by subsection (a).

SEC. 208. CONFORMING AMENDMENT.

    The requirements of this Act shall not apply to the activities of 
any political committee described in section 301(4) of the Federal 
Election Campaign Act of 1971.

         TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS

SEC. 301. BAN ON GIFTS FROM LOBBYISTS.

    (a) In General.--Paragraph 1(a)(2) of rule XXXV of the Standing 
Rules of the Senate is amended by adding at the end the following: 
``This clause shall not apply to a gift from a lobbyist.''.
    (b) Rules Committee Review.--The Committee on Rules and 
Administration shall review the present exceptions to the Senate gift 
rule and make recommendations to the Senate not later than 3 months 
after the date of enactment of this Act on eliminating all but those 
which are absolutely necessary to effectuate the purpose of the rule.

SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL.

    Paragraph 2(a)(1) of rule XXXV of the Standing Rules of the Senate 
is amended by striking ``an individual'' and inserting ``an 
organization recognized under section 501(c)(3) of the Internal Revenue 
Code of 1986 that is not affiliated with any group that lobbies before 
Congress''.

SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION IN 
              CONGRESSIONAL TRAVEL.

    (a) In General.--Paragraph 2 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 may not accept transportation 
or lodging on any trip sponsored by an organization recognized under 
section 501(c)(3) of the Internal Revenue Code of 1986 covered by this 
paragraph that is planned, organized, requested, arranged, or financed 
in whole, or in part by a lobbyist or foreign agent, or in which a 
lobbyist participates.
    ``(h) Before a Member, officer, or employee may accept 
transportation or lodging otherwise permissible under this paragraph 
from any person, such Member, officer, or employee shall obtain a 
written certification from such person (and provide a copy of such 
certification to the Select Committee on Ethics) that--
            ``(1) the trip was not planned, organized, requested, 
        arranged, or financed in whole, or in part by a registered 
        lobbyist or foreign agent and was not organized at the request 
        of a registered lobbyist or foreign agent;
            ``(2) registered lobbyists will not participate in or 
        attend the trip; and
            ``(3) the person did not accept, from any source, funds 
        specifically earmarked for the purpose of financing the travel 
        expenses.
The Select Committee on Ethics shall make public information received 
under this subparagraph as soon as possible after it is received.''.
    (b) Conforming Amendments.--Paragraph 2(c) of rule XXXV of the 
Standing Rules of the Senate is amended--
            (1) by striking ``of expenses reimbursed or to be 
        reimbursed'';
            (2) in clause (5), by striking ``and'' after the semicolon;
            (3) in clause (6), by striking the period and inserting ``; 
        and''; and
            (4) by adding at the end the following:
            ``(7) a description of meetings and events attended during 
        such travel, except when disclosure of such information is 
        deemed by the Member or supervisor under whose direct 
        supervision the employee works to jeopardize the safety of an 
        individual or otherwise interfere with the official duties of 
        the Member, officer, or employee.''.
    (c) Public Availability.--Paragraph 2(e) of rule XXXV is amended to 
read as follows:
    ``(e) The Secretary of the Senate shall make available to the 
public all advance authorizations, certifications, and disclosures 
filed pursuant to subparagraphs (a) and (h) as soon as possible after 
they are received.''.

SEC. 304. DISCLOSURE OF NONCOMMERCIAL AIR TRAVEL.

    A Member, officer, or employee of the Senate shall--
            (1) disclose a flight on an aircraft that is not licensed 
        by the Federal Aviation Administration to operate for 
        compensation or hire, taken in connection with the duties of 
        the Member, officer, or employee as an officeholder or Senate 
        officer or employee; and
            (2) with respect to the flight, file a report with the 
        Secretary of the Senate, including the date, destination, and 
        owner or lessee of the aircraft and the purpose of the trip.

SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAVEL.

    (a) Senate.--Rule XXXV of the Standing Rules of the Senate is 
amended by adding at the end the following:
    ``7. Not later than 90 days after the date of adoption of this 
paragraph and at annual intervals thereafter, the Committee on Rules 
and Administration shall develop and revise, as necessary, guidelines 
on what constitutes `reasonable expenses' or `reasonable expenditures' 
for purposes of this rule. In developing and revising the guidelines, 
the committee shall take into account the maximum per diem rates for 
official Government travel published annually by the General Services 
Administration, the Department of State, and the Department of 
Defense.''.

             TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS

SEC. 401. SENATE OFFICE OF PUBLIC INTEGRITY.

    (a) Establishment.--There is established in the Senate an office to 
be known as the ``Senate Office of Public Integrity'' (referred to in 
this section as the ``Office''), which shall be headed by a Senate 
Director of Public Integrity (hereinafter referred to as the 
``Director'').
    (b) Office.--The Office shall receive lobbyists' disclosures on 
behalf of the Senate under the Lobbying Disclosure Act of 1995 and 
conduct such audits and investigations as are necessary to ensure 
compliance with the Act.
    (c) Referral Authority.--The Office shall have authority to refer 
violations of the Lobbying Disclosure Act of 1995 to the Select 
Committee on Ethics and the Department of Justice for disciplinary 
action.
    (d) Director.--
            (1) In general.--The Director shall be appointed by the 
        President pro tempore of the Senate from among recommendations 
        submitted by the majority and minority leaders of the Senate. 
        Any appointment made under this subsection shall be made 
        without regard to political affiliation and solely on the basis 
        of fitness to perform the duties of the position. Any person 
        appointed as Director shall be learned in the law, a member of 
        the bar of a State or the District of Columbia, and shall not 
        engage in any other business, vocation, or employment during 
        the term of such appointment.
            (2) Oversight.--The Director shall report to a joint 
        leadership group consisting of the President pro tempore, the 
        Majority Leader, and the Minority Leader.
            (3) Terms of service.--Any appointment made under paragraph 
        (1) shall become effective upon approval by resolution of the 
        Senate. The Director shall be appointed for a term of service 
        which shall expire at the end of the Congress following the 
        Congress during which the Director is appointed except that the 
        Senate may, by resolution, remove Director prior to the 
        termination of any term of service. The Director may be 
        reappointed at the termination of any term of service.
            (4) Compensation.--The Director shall receive compensation 
        at a rate equal to the annual rate of basic pay for level III 
        of the Executive Schedule under section 5314 of title 5, United 
        States Code .
            (5) Staff.--The Director shall hire such additional staff 
        as are required to carry out this section, including 
        investigators and accountants.
    (e) Audits and Investigations.--
            (1) In general.--The Office shall audit lobbying 
        registrations and reports filed pursuant to the Lobbying 
        Disclosure Act of 1995 to determine the extent of compliance or 
        non-compliance with the requirements of such Act by lobbyists 
        and their clients.
            (2) Evidence of non-compliance.--If in the course an audit 
        conducted pursuant to the requirements of paragraph (1), the 
        Office obtains information indicating that a person or entity 
        may be in non-compliance with the requirements of the Lobbying 
        Disclosure Act of 1995, the Office shall refer the matter to 
        the Select Committee on Ethics or the United States Attorney 
        for the District of Columbia, as appropriate
    (f) Transfer of Records.--On the date that is 90 days after the 
date of enactment of this Act, the Office of Public Records of the 
Senate shall transfer all authority and records of that office to the 
Senate Office of Public Integrity.
    (g) Conforming Amendments.--
            (1) New office.--Section 6 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1605) is amended by striking ``Secretary of 
        the Senate'' and inserting ``Senate Office of Public 
        Integrity''.
            (2) Audit authority.--Section 8 of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1607) is amended by striking subsection 
        (c).
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated in a separate account such sums as are necessary to carry 
out this section.

SEC. 402. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO COMPLY 
              WITH LOBBYING DISCLOSURE REQUIREMENTS.

    Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is 
amended--
            (1) by inserting `` (a) Civil Penalty.--'' before 
        ``Whoever'';
            (2) by striking ``$50,000'' and inserting ``$100,000''; and
            (3) by adding at the end the following:
    ``(b) Criminal Penalty.--
            ``(1) In general.--Whoever knowingly and wilfully 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.
            ``(2) Corruptly.--Whoever knowingly, wilfully, and 
        corruptly fails to comply with any provision of this section 
        shall be imprisoned for not more than 10 years, or fined under 
        title 18, United States Code, or both.''.

SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNECTION WITH 
              CONGRESSIONAL TRAVEL.

    (a) Civil Fine.--
            (1) In general.--Whoever makes a false certification in 
        connection with the travel of a Member, officer, or employee of 
        either House of Congress (within the meaning given those terms 
        in section 207 of title 18, United States Code), under 
        paragraph 2(h) of rule XXXV of the Standing Rules of the 
        Senate, shall, upon proof of such offense by a preponderance of 
        the evidence, be subject to a civil fine depending on the 
        extent and gravity of the violation.
            (2) Maximum fine.--The maximum fine per offense under this 
        section depends on the number of separate trips in connection 
        with which the person committed an offense under this 
        subsection, as follows:
                    (A) First trip.--For each offense committed in 
                connection with the first such trip, the amount of the 
                fine shall be not more than $100,000 per offense.
                    (B) Second trip.--For each offense committed in 
                connection with the second such trip, the amount of the 
                fine shall be not more than $300,000 per offense.
                    (C) Any other trips.--For each offense committed in 
                connection with any such trip after the second, the 
                amount of the fine shall be not more than $500,000 per 
                offense.
            (3) Enforcement.--The Attorney General may bring an action 
        in United States district court to enforce this subsection.
    (b) Criminal Penalty.--
            (1) In general.--Whoever knowingly and wilfully 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.
            (2) Corruptly.--Whoever knowingly, wilfully, and corruptly 
        fails to comply with any provision of this section shall be 
        imprisoned for not more than 10 years, or fined under title 18, 
        United States Code, or both.

SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR CONGRESSIONAL EMPLOYEES.

    (a) Ethics Training.--
            (1) In general.--The Committee on Ethics shall provide 
        annual ethics training to each employee of the Senate which 
        shall include knowledge of the Official Code of Conduct and 
        related Senate rules.
            (2) Secretary of the senate.--The Secretary of the Senate 
        shall assist the Committee on Ethics in providing training 
        required by this subsection.
            (3) New employees.--A new employee of the Senate shall 
        receive training under this section not later than 60 days 
        after beginning service to the Senate.
    (b) Certification.--Not later than January 31 of each year, each 
employee of the Senate shall file a certification with the Committee on 
Ethics that the employee attended ethics training in the last year as 
established by this section.

                        TITLE V--OPEN GOVERNMENT

SEC. 501. SENSE OF THE SENATE ON CONFERENCE COMMITTEE PROTOCOLS.

    It is the sense of 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;
            (4) all matters before a conference committee should be 
        resolved in conference by votes on the public record; and
            (5) existing rules should be enforced and new rules adopted 
        in the Senate to shine the light on special interest 
        legislation that is enacted in the dead of night.

SEC. 502. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE MEETINGS.

    Rule XXVIII of the Standing Rules of the Senate is amended by 
adding at the end the following:
    ``8. Each Senate member of a conference committee shall be afforded 
an opportunity at an open meeting of the conference to vote on the full 
text of the proposed report of the conference.''.

SEC. 503. AVAILABILITY OF CONFERENCE REPORTS ON THE INTERNET.

    Rule XXVIII of all the Standing Rules of the Senate is amended by 
adding at the end the following:
    ``9. It shall not be in order in the Senate to consider a 
conference report unless such report is available to all Members and 
made available to the general public by means of the Internet for at 
least 24 hours before its consideration.''.
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