[Congressional Record Volume 151, Number 95 (Thursday, July 14, 2005)]
[Senate]
[Pages S8305-S8311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 1398. A bill to provide more rigorous requirements with respect to 
ethics and lobbying; to the Committee on Homeland Security and 
Government Affairs.


                 Title I--Enhancing Lobbying Disclosure

       Section 101: Requires lobbying disclosure reports to be 
     filed quarterly rather than semiannually and adjusts monetary 
     thresholds accordingly.
       Section 102: Requires lobbying disclosure reports to be 
     filed in electronic form.
       Section 103: Directs the Secretary of the Senate and the 
     Clerk of the House of Representatives to create a searchable, 
     sortable, and downloadable public database that contains the 
     information disclosed in lobbying disclosure reports.
       Section 104: Requires registered lobbyists to provide, in 
     the section of their quarterly reports in which the issues or 
     bills on which they lobbied are listed, the names of all 
     senior executive branch officials and Members of Congress who 
     they communicated with orally and the dates on which such 
     communications occurred.
       Section 105: Mandates that registered lobbyists must 
     disclose all past executive and congressional employment, not 
     just such employment during the two years prior to making a 
     lobbying contact.
       Section 106: Requires lobbyists to disclose in their 
     quarterly reports how much they spent on grassroots lobbying 
     efforts.
       Section 107: Provides more transparency for lobbying 
     coalitions, by requiring such organizations to disclose those 
     individuals or entities whose total contribution to the 
     association in connection with lobbying activities exceeds 
     $10,000. Certain tax-exempt associations are not covered by 
     this new requirement.
       Section 108: Doubles the penalty for failing to comply with 
     lobbying disclosure requirements from $50,000 to $100,000.


                  Title II--Slowing the Revolving Door

       Section 201: Amends 18 U.S.C. Sec. 207, the section of the 
     criminal code that provides restrictions on lobbying by 
     former executive and legislative branch employees, to 
     establish the following restrictions:
       1. Senior executive employees, those paid at 86.5 percent 
     of level II of the Executive Schedule are prohibited from 
     making communications or appearances with the intent to 
     influence any employee of their former agencies for two 
     years. The current ``cooling off period'' is one year.
       2. Very senior executive employees, the Vice President and 
     those paid at level I of the Executive Schedule, such as 
     cabinet officers and heads of agencies, are prohibited from 
     engaging in ``lobbying activities,'' as defined in section 3, 
     subsection 7 of the Lobbying Disclosure Act of 1995, for a 
     two-year period; with respect to their former agency or to 
     any employee currently paid under the Executive Schedule. 
     Under the LDA, lobbying activities include not only direct 
     lobbying contacts, but activities such as providing advice, 
     strategy, or preparation in connection with such contacts.
       3. Members of Congress are prohibited from engaging in 
     lobbying activities relating to either House of Congress for 
     two years. This will prevent a former member from directing 
     or managing a lobbying campaign while avoiding personal 
     lobbying contacts.
       4. Senior congressional staff, those making 75 percent of a 
     Member's salary, are prohibited from making appearances or 
     communications with the intent to influence any employee of 
     the House of Congress that formerly employed them for two 
     years. Current law prohibits contacts with the former 
     employing office or committee for only one year.
       Section 202: Requires the establishment of uniform 
     regulations regarding the standards

[[Page S8306]]

     by which waivers on seeking employment by executive branch 
     officials are granted and requires the Executive branch to 
     publish waivers that have been granted within three business 
     days.
       Section 203: Requires Members to publicly disclose within 
     three days any negotiations with prospective employers in 
     which a conflict of interest or the appearance of a conflict 
     of interest exists.
       Section 204: Establishes stiffer penalties for an employee 
     of either House of Congress who uses his or her official 
     capacity to influence an employment decision or practice of 
     any private or public entity, except for the Congress itself.
       Section 205: Reaffirms that any employee of either House 
     may not take official action on the basis of a prospect for 
     personal gain.
       Section 206: Eliminates any benefits or privileges 
     generally granted by the House or Senate to former Members, 
     such as gym membership or floor privileges, for those former 
     Members who are registered lobbyists.


  Title III--Curbing Excesses in Privately Funded Travel and Lobbyist 
                                 Gifts

       Section 301: Amends the ethics rules to require all 
     congressional employees to obtain a certification from any 
     party that pays for transportation or lodging permitted by 
     the gift rules that the trip was not planned, organized, 
     arranged, or financed by a registered lobbyist and that no 
     registered lobbyists will participate in or attend the trip
       Section 302: Amends the gift rule to require Senators and 
     staff to publicly disclose information on any flight on a 
     corporate jet and requires Senators to reimburse the owner of 
     a corporate jet at the charter rate, instead of first class 
     airfare as is currently permitted. Also requires campaigns to 
     pay for the use of corporate jets at the charter rate. 
     Current FEC regulations allow campaigns to pay first class 
     airfare if the flight is between cities where commercial 
     service is available.
       Section 303: Establishes maximum civil fines of $100,000, 
     $300,000, and $500,000 for the first, second, and third false 
     travel certifications, respectively
       Section 304: Amends the ethics rules to require Members to 
     provide more detailed descriptions of all meetings, tours, 
     events, and outings during travel paid for by private 
     entities under the gift rules.
       Section 305: Directs House and Senate Ethics Committees to 
     develop and revise guidelines on what constitute ``reasonable 
     expenses'' or ``reasonable expenditures'' during privately 
     funded travel.
       Section 306: Prohibits registered lobbyists from giving 
     gifts to Members of Congress or congressional employees. 
     Exceptions are provided for gifts from relatives and personal 
     friends, campaign contributions, informational materials, and 
     items of nominal value.
       Section 307: Amends the House and Senate ethics rules to 
     prohibit Members from accepting gifts from registered 
     lobbyists not permitted by Section 306.


               Title IV--Oversight of Ethics and Lobbying

       Section 401: Requires the Comptroller General to review the 
     effectiveness of lobbying oversight and to issue semiannual 
     reports on the topic.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1398

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Lobbying 
     and Ethics Reform Act of 2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.

                 TITLE I--ENHANCING LOBBYING DISCLOSURE

Sec. 101. Quarterly filing of lobbying disclosure reports.
Sec. 102. Electronic filing of lobbying disclosure reports.
Sec. 103. Public database of lobbying disclosure information.
Sec. 104. Identification of officials with whom lobbying contacts are 
              made.
Sec. 105. Disclosure by registered lobbyists of all past executive and 
              congressional employment.
Sec. 106. Disclosure of grassroots activities by paid lobbyists.
Sec. 107. Disclosure of lobbying activities by certain coalitions and 
              associations.
Sec. 108. Increased penalty for failure to comply with lobbying 
              disclosure requirements.

                  TITLE II--SLOWING THE REVOLVING DOOR

Sec. 201. Amendments to restrictions on former officers, employees, and 
              elected officials of the executive and legislative 
              branches.
Sec. 202. Reform of waiver process for acts affecting a personal 
              financial interest.
Sec. 203. Public disclosure by Members of Congress of employment 
              negotiations.
Sec. 204. Wrongfully influencing, on a partisan basis, an entity's 
              employment decisions or practices.
Sec. 205. Amendment to Code of Official Conduct to prohibit favoritism.
Sec. 206. Elimination of floor privileges and other perks for former 
              Member lobbyists.

  TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND LOBBYIST 
                                 GIFTS

Sec. 301. Required certification that congressional travel meets 
              certain conditions.
Sec. 302. Requirement of full payment and disclosure of charter 
              flights.
Sec. 303. False certification in connection with congressional travel.
Sec. 304. Increased disclosure of travel by Members.
Sec. 305. Guidelines respecting travel expenses.
Sec. 306. Prohibition on gifts by registered lobbyists to Members of 
              Congress and to congressional employees.
Sec. 307. Prohibition on members accepting gifts from lobbyists.

               TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING

Sec. 401. Comptroller General review and semiannual report on 
              activities carried out by Clerk of the House and 
              Secretary of the Senate under Lobbying Disclosure Act of 
              1995.

                 TITLE I--ENHANCING LOBBYING DISCLOSURE

     SEC. 101. 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 of such Act (2 U.S.C. 1602) is 
     amended in paragraph (10) by striking ``six month period'' 
     and inserting ``three-month period''.
       (2) Registration.--Section 4 of such Act (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 such Act (2 U.S.C. 1605) is 
     amended in paragraph (6) by striking ``semiannual period'' 
     and inserting ``quarterly period''.
       (4) Estimates.--Section 15 of such Act (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 such Act (2 U.S.C. 1603) is further 
     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 such Act (2 U.S.C. 1604) is further 
     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. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

       Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1604) is further amended by adding at the end the following 
     new subsection:
       ``(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.''.

     SEC. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

       (a) Database Required.--Section 6 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1605) is further 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

[[Page S8307]]

     other access charge, in a searchable, sortable, and 
     downloadable manner, an electronic database that--
       ``(A) includes the information contained in registrations 
     and reports filed under this Act;
       ``(B) directly links the information it contains to the 
     information disclosed in reports filed with the Federal 
     Election Commission under section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434); and
       ``(C) is searchable and sortable, at a minimum, by each of 
     the categories of information described in section 4(b) or 
     5(b).''.
       (b) Availability of Reports.--Section 6 of such Act is 
     further amended in paragraph (4) 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 
     paragraph (9) of section 6 of such Act, as added by 
     subsection (a).

     SEC. 104. IDENTIFICATION OF OFFICIALS WITH WHOM LOBBYING 
                   CONTACTS ARE MADE.

       Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1604) is further amended in subsection (b)(2)--
       (1) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) for each specific issue listed pursuant to 
     subparagraph (A), a list identifying each covered executive 
     branch official and each Member of Congress with whom a 
     lobbyist employed by the registrant engaged in a lobbying 
     contact through oral communication with respect to that issue 
     and the date on which each such contact occurred.''.

     SEC. 105. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST 
                   EXECUTIVE AND CONGRESSIONAL EMPLOYMENT.

       Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1603) is further amended in subsection (b)(6) 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. 106. DISCLOSURE OF GRASSROOTS ACTIVITIES BY PAID 
                   LOBBYISTS.

       (a) Disclosure of Grassroots Activities.--Section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is further 
     amended by adding at the end the following new paragraph:
       ``(17) Grassroots lobbying communication.--The term 
     `grassroots lobbying communication' means an attempt to 
     influence legislation or executive action through the use of 
     mass communications directed to the general public and 
     designed to encourage recipients to take specific action with 
     respect to legislation or executive action, except that such 
     term does not include any communications by an entity 
     directed to its members, employees, officers, or 
     shareholders. For purposes of this paragraph, a communication 
     is designed to encourage a recipient if any of the following 
     applies:
       ``(A) The communication states that the recipient should 
     contact a legislator, or should contact an officer or 
     employee of an executive agency.
       ``(B) The communication provides the address, phone number, 
     and contact information of a legislator or of an officer or 
     employee of an executive agency.
       ``(C) The communication provides a petition, tear-off 
     postcard, or similar material for the recipient to send to a 
     legislator or to an officer or employee of an executive 
     agency.
       ``(D)(i) Subject to clause (ii), the communication 
     specifically identifies an individual who--
       ``(I) is in a position to consider or vote on the 
     legislation;
       ``(II) represents the recipient in Congress; or
       ``(III) is an officer or employee of the executive agency 
     to which the legislation or executive action relates.
       ``(ii) A communication described in clause (i) is a 
     grassroots lobbying communication only if it is a 
     communication that cannot meet the `full and fair exposition' 
     test as nonpartisan analysis, study, or research.''.
       (b) Separate Itemization of Grassroots Expenses.--Section 5 
     of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is 
     further amended in subsection (b)--
       (1) in paragraph (3), by inserting after ``total amount of 
     all income'' the following: ``(including an itemization of 
     the total amount relating specifically to grassroots lobbying 
     communications and, within that amount, an itemization of the 
     total amount specifically relating to broadcast media 
     grassroots lobbying communications)''; and
       (2) in paragraph (4), by inserting after ``total expenses'' 
     the following: ``(including an itemization of the total 
     amount relating specifically to grassroots lobbying 
     communications and, within that total amount, an itemization 
     of the total amount specifically relating to broadcast media 
     grassroots lobbying communications)''.

     SEC. 107. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN 
                   COALITIONS AND ASSOCIATIONS.

       (a) In General.--Paragraph (2) of section 3 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as 
     follows:
       ``(2) Client.--
       ``(A) In general.--The term `client' means any person or 
     entity that employs or retains another person for financial 
     or other compensation to conduct lobbying activities on 
     behalf of that person or entity. A person or entity whose 
     employees act as lobbyists on its own behalf is both a client 
     and an employer of such employees.
       ``(B) Treatment of coalitions and associations.--
       ``(i) In general.--Except as provided in clause (ii), in 
     the case of a coalition or association that employs or 
     retains persons to conduct lobbying activities, each person, 
     other than an individual who is a member of the coalition or 
     association, whose total contribution to the coalition or 
     association in connection with the lobbying activities 
     exceeds the $10,000 registration threshold described in 
     section 4(a)(3)(A)(ii) of this Act, is the client along with 
     the coalition or association.
       ``(ii) Exception for certain tax-exempt associations.--In 
     case of an association--

       ``(I) which is described in paragraph (3) of section 501(c) 
     of the Internal Revenue Code of 1986 and exempt from tax 
     under section 501(a) of such Code, or
       ``(II) which is described in any other paragraph of section 
     501(c) of the Internal Revenue Code of 1986 and exempt from 
     tax under section 501(a) of such Code and which has 
     substantial exempt activities other than lobbying,

     the association (and not its members) shall be treated as the 
     client.
       ``(iii) Look-thru rules.--A coalition or association and 
     its members, which would otherwise be treated as a client, 
     shall not avoid the registration and reporting requirements 
     of this Act by employing or retaining another coalition or 
     association to conduct lobbying activities.''.
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to--
       (A) coalitions and associations listed on registration 
     statements filed under section 4 of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1603) after the date of the enactment 
     of this Act, and
       (B) coalitions and associations for whom any lobbying 
     contact is made after the date of the enactment of this Act.
       (2) Special rule.--In the case of any coalition or 
     association to which the amendments made by this Act apply by 
     reason of paragraph (1)(B), the person required by such 
     section 4 to file a registration statement with respect to 
     such coalition or association shall file a new registration 
     statement within 30 days after the date of the enactment of 
     this Act.

     SEC. 108. INCREASED PENALTY FOR FAILURE TO COMPLY WITH 
                   LOBBYING DISCLOSURE REQUIREMENTS.

       Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1606) is amended by striking ``$50,000'' and inserting 
     ``$100,000''.

                  TITLE II--SLOWING THE REVOLVING DOOR

     SEC. 201. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, 
                   EMPLOYEES, AND ELECTED OFFICIALS OF THE 
                   EXECUTIVE AND LEGISLATIVE BRANCHES.

       (a) Very Senior Executive Personnel.--
       (1) In general.--The matter after subparagraph (C) in 
     section 207(d)(1) of title 18, United States Code, is amended 
     to read as follows:

     ``and who, within 2 years after the termination of that 
     person's service in that position, engages in lobbying 
     activities directed at any person described in paragraph (2), 
     on behalf of any other person (except the United States), 
     shall be punished as provided in section 216 of this 
     title.''.
       (2) Conforming amendment.--The first sentence of section 
     207(h)(1) of title 18, United States Code, is amended by 
     inserting after ``subsection (c)'' the following: ``and 
     subsection (d)''.
       (b) Senior Executive Personnel.--Section 207(c)(1) of title 
     18, United States Code, is amended by striking ``within 1 
     year after'' and inserting ``within 2 years after''.
       (c) Former Members of Congress and Officers and Employees 
     of the Legislative Branch.--
       (1) In general.--Section 207(e) of title 18, United States 
     Code, is amended--
       (A) by striking paragraphs (1), (2), (3), and (4) and 
     inserting the following:
       ``(1) Members of congress and elected officers.--Any person 
     who is a Member of Congress or an elected officer of either 
     House of Congress and who, within 2 years after that person 
     leaves office, knowingly engages in lobbying activities on 
     behalf of any other person (except the United States) in 
     connection with any matter on which such former Member of 
     Congress or elected officer seeks action by a Member, 
     officer, or employee of either House of Congress shall be 
     punished as provided in section 216 of this title.
       ``(2) Congressional employees.--
       ``(A) In general.--Any person who is an employee of the 
     Senate or an employee of the House of Representatives, who, 
     for at least 60 days, in the aggregate, during the 1-year 
     period before the termination of employment of that person 
     with the Senate or House of Representatives, was paid a rate 
     of basic pay equal to or greater than an amount which is 75 
     percent of the basic rate of pay payable for a Member of the 
     House of Congress in which such employee was employed,

[[Page S8308]]

     within 2 years after termination of such employment, 
     knowingly makes, with the intent to influence, any 
     communication to or appearance before any of the persons 
     described in subparagraph (B), on behalf of any other person 
     (except the United States) in connection with any matter on 
     which such former employee 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.
       ``(B) Persons referred to.--The persons referred to under 
     subparagraph (A) with respect to appearances or 
     communications by a former employee are any Member, officer, 
     or employee of the House of Congress in which such former 
     employee served.''; and
       (B) in paragraph (6)--
       (i) in subparagraph (A), by striking ``paragraphs (2), (3), 
     and (4)'' and inserting ``paragraph (2)''; and
       (ii) in subparagraph (B), by striking ``paragraph (5)'' and 
     inserting ``paragraph (3)'';
       (C) in paragraph (7)(G), by striking ``, (2), (3), or (4)'' 
     and inserting ``or (2)''; and
       (D) by redesignating paragraphs (5), (6), and (7) as 
     paragraphs (3), (4), and (5), respectively.
       (2) Definition.--Section 207(i) of title 18, United States 
     Code, is amended--
       (A) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) the term `lobbying activities' has the same meaning 
     given such term in section 3(7) of the Lobbying Disclosure 
     Act (2 U.S.C. 1602(7)).''.

     SEC. 202. REFORM OF WAIVER PROCESS FOR ACTS AFFECTING A 
                   PERSONAL FINANCIAL INTEREST.

       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. 203. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS OF 
                   EMPLOYMENT NEGOTIATIONS.

       (a) House of Representatives.--The Code of Official Conduct 
     set forth in rule XXIII of the Rules of the House of 
     Representatives is amended by redesignating clause 14 as 
     clause 15 and by inserting after clause 13 the following new 
     clause:
       ``14. A Member, Delegate, or Resident Commissioner shall 
     publicly disclose the fact that he or she is negotiating or 
     has any arrangement concerning prospective employment if a 
     conflict of interest or the appearance of a conflict of 
     interest may exist. Such disclosure shall be made within 3 
     days after the commencement of such negotiation or 
     arrangement.''.
       (b) Senate.--Rule XXXVII of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``13. A Member, or former employee of Congress who, for at 
     least 60 days, in the aggregate, during the 1-year period 
     before the former employer's service as such employee 
     terminated, was paid a rate of basic pay equal to or greater 
     than an amount which is 75 percent of the basic rate of pay 
     payable for a Member of the House of Congress in which such 
     employee was employed, shall publicly disclose the fact that 
     he or she is negotiating or has any arrangement concerning 
     prospective employment if a conflict of interest or the 
     appearance of a conflict of interest may exist. Such 
     disclosure shall be made within 3 days after the commencement 
     of such negotiation or arrangement.''.

     SEC. 204. WRONGFULLY INFLUENCING, ON A PARTISAN BASIS, AN 
                   ENTITY'S EMPLOYMENT DECISIONS OR PRACTICES.

       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 political party affiliation an 
     employment decision or employment practice of any private or 
     public entity (except for the Congress)--
       (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 title 18, United States Code, 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.

     SEC. 205. AMENDMENT TO CODE OF OFFICIAL CONDUCT TO PROHIBIT 
                   FAVORITISM.

       (a) House of Representatives.--Rule XXIII of the Rules of 
     the House of Representatives (known as the Code of Official 
     Conduct) is amended by redesignating clause 14 as clause 15 
     and by inserting after clause 13 the following new clause:
       ``14. A Member, Delegate, Resident Commissioner, officer, 
     or employee of the House may not take or withhold, or 
     threaten to take or withhold, any official action on the 
     basis of partisan affiliation (except as permitted by clause 
     9) or the campaign contributions or support of any person or 
     the prospect of personal gain either for oneself or any other 
     person.''.
       (b) Senate.--Rule XXXVII of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``14. A Member, officer, or employee may not take or 
     withhold, or threaten to take or withhold, any official 
     action on the basis of partisan affiliation or the campaign 
     contributions or support of any person or the prospect of 
     personal gain either for oneself or any other person.''.

     SEC. 206. ELIMINATION OF FLOOR PRIVILEGES AND OTHER PERKS FOR 
                   FORMER MEMBER LOBBYISTS.

       Notwithstanding any other rule of the House of 
     Representatives or Senate, any benefit or privilege granted 
     by the House of Representatives or the Senate to all former 
     Members of that body, including floor privileges, may not be 
     received or exercised by a former Member who is a registered 
     lobbyist.

  TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND LOBBYIST 
                                 GIFTS

     SEC. 301. REQUIRED CERTIFICATION THAT CONGRESSIONAL TRAVEL 
                   MEETS CERTAIN CONDITIONS.

       (a) House of Representatives.--Clause 5 of rule XXV of the 
     Rules of the House of Representatives is amended by 
     redesignating paragraphs (e) and (f) as paragraphs (f) and 
     (g), respectively, and by inserting after paragraph (d) the 
     following new paragraph:
       ``(e)(1) Except as provided by subparagraph (2), before a 
     Member, Delegate, Resident Commissioner, officer, or employee 
     of the House may accept a gift of transportation or lodging 
     otherwise permissible under this clause from any person, such 
     Member, Delegate, Resident Commissioner, officer, or employee 
     of the House, as applicable, shall obtain a written 
     certification from such person (and provide a copy of such 
     certification to the Clerk) that--
       ``(A) the trip was not planned, organized, arranged, or 
     financed by a registered lobbyist or foreign agent and was 
     not organized at the request of a registered lobbyist or 
     foreign agent; and
       ``(B) the person did not accept, from any source, funds 
     specifically earmarked for the purpose of financing the 
     travel expenses.
     The Clerk shall make public information received under this 
     subparagraph as soon as possible after it is received.
       ``(2) A Member, Delegate, or Resident Commissioner is not 
     required to obtain a written certification for a gift or 
     transportation or lodging described in subdivision (A), (B), 
     (C), (D), (F), or (G) of paragraph (a)(1).''.
       (b) Senate.--Paragraph 1 of rule XXXV of the Standing Rules 
     of the Senate is amended by adding at the end the following:
       ``(g) Before a Member, officer, or employee may accept a 
     gift of transportation or lodging otherwise permissible under 
     this rule 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, arranged, or 
     financed 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.''.

     SEC. 302. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF 
                   CHARTER FLIGHTS.

       (a) House of Representatives.--To be provided.
       (b) Senate.--
       (1) In general.--Paragraph 1(c)(1) of rule XXXV of the 
     Standing Rules of the Senate is amended by--
       (A) inserting ``(A)'' after ``(1)''; and
       (B) adding at the end the following:
       ``(B) Market value for a jet 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:
       ``(h) A Member, officer, or employee who takes a flight 
     described in subparagraph

[[Page S8309]]

     (c)(1)(B) shall, with respect to the flight, cause to be 
     published in the Congressional Record 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;
       ``(4) the purpose of the trip; and
       ``(5) the reason that a commercial airline was not used.''.
       (c) Candidates.--Subparagraph (B) of section 301(8) of the 
     Federal Election Campaign Act of 1971 (42 U.S.C. 431(8)(B)) 
     is amended by striking ``and'' at the end of clause (xiii), 
     by striking the period at the end of clause (xiv) and 
     inserting ``; and'', and by adding at the end the following 
     new clause:
       ``(xv) any travel expense for a flight on an airplane that 
     is not licensed by the Federal Aviation Administration to 
     operate for compensation or hire, but only if the candidate 
     or the candidate's authorized committee or other political 
     committee pays within 7 days after the date of the flight to 
     the owner, lessee, or other person who provides the use of 
     the airplane an amount not less than the normal and usual 
     charter fare or rental charge for a comparable commercial 
     airplane of appropriate size.''.

     SEC. 303. FALSE CERTIFICATION IN CONNECTION WITH 
                   CONGRESSIONAL TRAVEL.

       (a) 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) 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.
       (b) 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 
     section, as follows:
       (1) 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.
       (2) 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.
       (3) 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.

     SEC. 304. INCREASED DISCLOSURE OF TRAVEL BY MEMBERS.

       (a) House of Representatives.--Clause 5(b)(1)(A)(ii) of 
     rule XXV of the Rules of the House of Representatives is 
     amended by--
       (1) inserting ``a detailed description of each of'' before 
     ``the expenses''; and
       (2) inserting ``, including a description of all meetings, 
     tours, events, and outings during such travel'' before the 
     period at the end thereof.
       (b) Senate.--Paragraph 2(c) of rule XXXV of the Standing 
     Rules of the Senate is amended--
       (1) in subclause (5), by striking ``and'' after the 
     semicolon;
       (2) by redesignating subclause (6) as subclause (7); and
       (3) by adding after subclause (5) the following:
       ``(6) a detailed description of all meetings, tours, 
     events, and outings during such travel; and''.

     SEC. 305. GUIDELINES RESPECTING TRAVEL EXPENSES.

       (a) House of Representatives.--Clause 5(f) of rule XXV of 
     the Rules of the House of Representatives is amended by 
     inserting ``(1)'' after ``(f)'' and by adding at the end the 
     following new subparagraph:
       ``(2) Within 90 days after the date of adoption of this 
     subparagraph and at annual intervals thereafter, the 
     Committee on Standards of official Conduct shall develop and 
     revise, as necessary, guidelines on what constitutes 
     `reasonable expenses' or `reasonable expenditures' for 
     purposes of paragraph (b)(4). 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.''.
       (b) 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 Select 
     Committee on Ethics 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.''.

     SEC. 306. PROHIBITION ON GIFTS BY REGISTERED LOBBYISTS TO 
                   MEMBERS OF CONGRESS AND TO CONGRESSIONAL 
                   EMPLOYEES.

       (a) Prohibition.--
       (1) In general.--A registered lobbyist may not knowingly 
     make a gift to a Member, Delegate, Resident Commissioner, 
     officer, or employee of Congress except as provided in this 
     section.
       (2) Gift defined.--In this section, the term ``gift'' means 
     a gratuity, favor, discount, entertainment, hospitality, 
     loan, forbearance, or other item having monetary value. The 
     term includes gifts of services, training, transportation, 
     lodging, and meals, whether provided in kind, by purchase of 
     a ticket, payment in advance, or reimbursement after the 
     expense has been incurred.
       (3) Registered lobbyist defined.--In this section, the term 
     ``registered lobbyist'' means--
       (A) a lobbyist registered under the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1601 et seq.);
       (B) a lobbyist who, as an employee of an organization, is 
     covered by the registration of that organization under that 
     Act; and
       (C) an organization registered under that Act.
       (4) Gifts to family members and other individuals.--For the 
     purposes of this section, a gift to a family member of a 
     Member, Delegate, Resident Commissioner, officer, or employee 
     of Congress, or a gift to any other individual based on that 
     individual's relationship with the Member, Delegate, Resident 
     Commissioner, officer, or employee, shall be considered a 
     gift to the Member, Delegate, Resident Commissioner, officer, 
     or employee if the gift was given because of the official 
     position of the Member, Delegate, Resident Commissioner, 
     officer, or employee.
       (5) Exceptions.--The restrictions in paragraph (1) do not 
     apply to the following:
       (A) Certain lawful political fundraising activities.--A 
     contribution, as defined in section 301(8) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431) that is lawfully 
     made under that Act, a lawful contribution for election to a 
     State or local government office, or attendance at a 
     fundraising event sponsored by a political organization 
     described in section 527(e) of the Internal Revenue Code of 
     1986.
       (B) Gift from a relative.--A gift from a relative as 
     described in section 109(16) of title I of the Ethics in 
     Government Act of 1978 (2 U.S.C. App. 109(16)).
       (C) Employee benefits.--Pension and other benefits 
     resulting from continued participation in an employee welfare 
     and benefits plan maintained by a former employer.
       (D) Informational materials.--Informational materials that 
     are sent to the office of the Member, Delegate, Resident 
     Commissioner, officer, or employee in the form of books, 
     articles, periodicals, other written materials, audiotapes, 
     videotapes, or other forms of communication.
       (E) Items of nominal value.--An item of nominal value such 
     as a greeting card, baseball cap, or a T-shirt.
       (F) Personal friendship.--
       (i) In general.--Anything provided by an individual on the 
     basis of a personal friendship unless the gift was given 
     because of the official position of the Member, Delegate, 
     Resident Commissioner, officer, or employee.
       (ii) Circumstances.--In determining whether a gift is 
     provided on the basis of personal friendship, the following 
     shall be considered:

       (I) The history of the relationship between the Member, 
     Delegate, Resident Commissioner, officer, or employer and the 
     individual giving the gift, including any previous exchange 
     of gifts between them.
       (II) Whether the individual who gave the gift personally 
     paid for the gift or sought a tax deduction or business 
     reimbursement for the gift.
       (III) Whether the individual who gave the gift also gave 
     the same or similar gifts to other Members, Delegates, the 
     Resident Commissioners, officers, or employees of Congress.

       (G) Certain outside business or employment activities 
     provided to spouse.--Food, refreshments, lodging, 
     transportation, and other benefits provided to the spouse of 
     the Member, Delegate, Resident Commissioner, officer, or 
     employee, resulting from the outside business or employment 
     activities of the spouse or in connection with bona fide 
     employment discussions with respect to the spouse, if such 
     benefits have not been offered or enhanced because of the 
     official position of the Member, Delegate, Resident 
     Commissioner, officer, or employee and are customarily 
     provided to others in similar circumstances.
       (H) Opportunities and benefits unrelated to congressional 
     employment.--Opportunities and benefits that are offered to 
     members of a group or class in which membership is unrelated 
     to congressional employment.
       (I) Certain foods or refreshments.--Food or refreshments of 
     a nominal value offered other than as a part of a meal.
       (b) Penalty.--Any registered lobbyist who violates this 
     section shall be subject to a civil fine of not more than 
     $50,000, depending on the extent and gravity of the 
     violation.

     SEC. 307. PROHIBITION ON MEMBERS ACCEPTING GIFTS FROM 
                   LOBBYISTS.

       (a) House of Representatives.--Clause 5(a)(1)(A) of rule 
     XXV of the Rules of the House of Representatives is amended 
     by adding at the end the following new sentence: 
     ``Notwithstanding any other provision of this clause, in no 
     event may a Member, Delegate, or Resident Commissioner accept 
     a gift from a registered lobbyist prohibited by section 306 
     of the Lobbying and Ethics Reform Act of 2005.''.
       (b) Senate.--Paragraph 1 of rule XXXV of the Standing Rules 
     of the Senate is amended by adding at the end the following:
       ``(g) Notwithstanding any other provision of this rule, in 
     no event may a Member accept a gift from a registered 
     lobbyist prohibited by section 306 of the Lobbying and Ethics 
     Reform Act of 2005.''.

[[Page S8310]]

               TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING

     SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMIANNUAL REPORT ON 
                   ACTIVITIES CARRIED OUT BY CLERK OF THE HOUSE 
                   AND SECRETARY OF THE SENATE UNDER LOBBYING 
                   DISCLOSURE ACT OF 1995.

       (a) Ongoing Review Required.--The Comptroller General shall 
     review on an ongoing basis the activities carried out by the 
     Clerk of the House of Representatives and the Secretary of 
     the Senate under section 6 of the Lobbying Disclosure Act of 
     1995 (2 U.S.C. 1605). The review shall emphasize--
       (1) the effectiveness of those activities in securing the 
     compliance by lobbyists with the requirements of that Act; 
     and
       (2) whether the Clerk and the Secretary have the resources 
     and authorities needed for effective oversight and 
     enforcement of that Act.
       (b) Semiannual Reports.--Twice yearly, not later than 
     January 1 and not later than July 1 of each year, the 
     Comptroller General shall submit to Congress a report on the 
     review required by subsection (a). The report shall include 
     the Comptroller General's assessment of the matters required 
     to be emphasized by that subsection and any recommendations 
     of the Comptroller General to--
       (1) improve the compliance by lobbyists with the 
     requirements of that Act; and
       (2) provide the Clerk and the Secretary with the resources 
     and authorities needed for effective oversight and 
     enforcement of that Act.

  Mr FEINGOLD. Mr. President, today I will introduce the Lobbying and 
Ethics Reform Act of 2005. This bill builds on similar legislation that 
was introduced in the House by Representatives Marty Meehan and Rahm 
Emmanuel.
  I have long believed that to truly serve our constituents well, we 
must reduce the impact of big money on the legislative process. I have 
devoted a great deal of time over the years to reforming our campaign 
finance laws. With the enactment of the Bipartisan Campaign Reform Act 
in 2002, we took several important, and I believe successful, steps to 
reduce the influence of special interests and return some measure of 
power to the American people.
  But campaign contributions are only part of the story. In fact, 
during recent election cycles, the amount spent on lobbying members of 
Congress once they are elected has been more than double the amount 
spent on getting them elected in the first place. Yet lobbyists and the 
lobbying industry remain partly in the shadows, even after the 
significant improvements to the disclosure laws enacted in 1995. Ten 
years later, the weaknesses of that law have become apparent, as have 
the weaknesses in the congressional gift rules that we passed around 
the same time. Recent scandals involving lobbyists have made very clear 
that if this body is to be responsive to the people, not just a narrow 
set of special interests, we must strengthen the disclosure rules 
governing the lobbying industry and close loopholes in the gift rules.
  The lobbying industry continues to grow at a startling rate. 
According to the Center for Public Integrity, over three billion 
dollars were spent on lobbying in 2004, nearly double the amount spent 
just six years earlier. This dramatic increase in lobbying expenditures 
has led to an equally dramatic growth in the number of registered 
lobbyists. A story in the Washington Post from June of this year 
reports that there are currently more than 34,750 registered lobbyists, 
which represents a 100% increase from 2000. Not surprisingly, a few 
powerful industries account for much of this growth. In the last six 
years, the pharmaceutical industry alone has spent over three quarters 
of a billion dollars on lobbying, enough to finance over 3,000 
professional lobbyists. The insurance industry is not far behind. 
During this same period, insurance companies spent over 600 million 
dollars and employed over 2,000 lobbyists.
  Despite the growing presence of lobbyists on Capitol Hill, and 
despite the improvements made in the 1995 law, regulation of the 
lobbying industry remains inadequate. The Senate office in charge of 
overseeing lobbying disclosure reports employs fewer than 20 people, 
and the equivalent House office employs fewer than 35. Compare these 
numbers to the Federal Election Commission, which many people believe 
is itself understaffed, but which has a staff of nearly 400 to oversee 
and enforce campaign finance laws.
  Given these numbers, it should not come as a shock that oversight of 
the booming lobbying industry is not what we would like it to be. In 
the past six years alone, over 300 individuals and companies lobbied 
without registering first. One in five lobbying companies failed to 
file required disclosure forms. And the Center for Public Integrity 
reports that over 14,000 disclosure documents that should have been 
filed are not available, including documents relating to 49 of the top 
50 lobbying firms.
  When the disclosure requirements are not enforced, it can only be 
expected that they and other rules relating to lobbying will not be 
followed. In the last six months, we have seen a number of stories in 
the press detailing the increasingly cozy relationship between 
lobbyists and certain members of Congress. We have seen stories of 
lobbyists funding international junkets for members, their families, 
and their staff, which include days on famous golf courses and nights 
in luxurious resorts. We have seen stories of members and their staff 
accepting lavish gifts and expensive meals from lobbyists. And we haves 
seen stories of lobbyists providing members with free access to their 
companies' or clients' corporate jets so that they can fly in comfort 
from fundraiser to fundraiser.
  But the enticements offered by lobbyists are not all quite so exotic 
indeed, many lobbyists merely offer plum positions in their K Street 
offices. According to a 2005 report, more than 2200 former federal 
government employees were registered as federal lobbyists between 1998 
and 2004. Of those, more then 200 were former members of Congress. In 
fact, Public Citizen reports that nearly half of all members returning 
to the private sector accept positions in the lobbying industry. For 
congressional employees, the prospect of receiving lobbying positions, 
which often pay several times more than their current jobs, can easily 
create conflicts of interest and may affect the decisions they make in 
their official capacity.
  The problems with oversight of the lobbying industry are systemic and 
they are troubling. Even the minimal disclosure requirements of the 
Lobbying Disclosure Act are often ignored because lobbyists know they 
will not be penalized. The revolving door between the Hill and K Street 
spins faster than ever. And flaws in the gift rules are allowing 
handouts from lobbyists to rapidly increase the influence of special 
interests at the expense of the average citizen. I am told that it is 
not uncommon for lobbyists to perch themselves at the end of a bar and 
buy drinks for any congressional staffer who comes by. This is 
permissible under the Senate's current gift rules, and it shouldn't be. 
Lobbyists complain about pressure--if not outright blatant requests--
from Members and congressional staff to pay for their food and drinks. 
Clearly, there is plenty of blame to go around.
  My bill addresses these concerns in four ways. First, my bill makes 
the lobbying process more transparent by enhancing the specificity, 
frequency, and accessibility of lobbying disclosure reports. The bill 
would require these periodic reports filed by lobbyists to identify the 
members of Congress with whom they met, divulge all past senior-level 
legislative or executive branch employment, and separate out and report 
the amount of money spent on grassroots lobbying efforts. Lobbyists 
would have to file these reports on a quarterly, rather than a 
semiannual, basis. And the bill would require the Secretary of the 
Senate and the Clerk of the House to make these reports available in a 
searchable database that would allow the public to gather information 
on lobbyists quickly and efficiently. The bill also requires the 
disclosure of entities that contribute large sums of money to lobbying 
coalitions. And it doubles the civil penalty for knowingly failing to 
file lobbying reports or filing false information.

  Second, this bill should slow the revolving door between Congress and 
the lobbying industry. It establishes a two-year waiting period for 
members, senior staff, and senior executive personnel to participate in 
lobbying. During this cooling-off period, members and senior executive 
personnel would be prohibited from engaging in all lobbying activities, 
including developing strategy for or directing a lobbying campaign. 
Staff would be forbidden from making direct contact with any members or 
staff who work in the

[[Page S8311]]

House of Congress that used to employ them, rather than just the former 
employing office, as the law now requires.
  The revolving door provisions in my bill would also require members 
of Congress to publicly disclose their intent to seek outside 
employment if a conflict of interest exists. They prohibit members of 
Congress from taking official actions to influence the employment 
decisions of outside entities on the basis of partisan affiliation. And 
they affirm that no member should take official action based on the 
prospect for personal gain. The bill also prohibits registered 
lobbyists from taking advantage of special advantages such as gym 
membership, floor privileges, or access to certain areas of the Capitol 
that are offered to former Members of Congress.
  Third, my bill addresses the growing problem of privately funded 
travel and lobbyist gifts. Before sponsoring a trip for a member or 
staff, an organization must certify that the trip was not financed or 
organized by a registered lobbyist and that lobbyists will not 
participate in or attend the trip. After returning from the trip, the 
Member or staff must provide a detailed itinerary and description of 
expenses. My bill also creates a complete ban on lobbyists providing 
gifts to members and staff and on members accepting gifts from 
registered lobbyists. Those who file false certifications or fail to 
observe these rules will be subject to stiff penalties.
  Finally, the bill seeks to strengthen oversight of lobbying 
disclosure. A GAO report showing the old lobbying law passed in the 
1940s was largely ignored and rarely enforced was an important impetus 
to passing the Lobbying Disclosure Act in 1995. The bill requires the 
Comptroller General to report to Congress twice annually on the state 
of the enforcement of the rules. These reports will help us determine 
if further improvements in the laws are necessary.
  These measures are not crafted as a knee-jerk response to the recent 
spate of troubling revelations about the relationships between certain 
members of Congress and the lobbying industry. Instead, this bill 
addresses systemic problems with the rules governing lobbyists. It has 
been a decade since the Lobbying Disclosure Act and new gift rules were 
passed and we now know that some of these rules are no longer 
sufficient to regulate a growing and evolving lobbying industry. It is 
now time for us to act again. I urge my colleagues to support this 
bill.
  I ask unanimous consent that the text of the bill and a section by 
section analysis be printed in the Record.
                                 ______