[Congressional Record Volume 152, Number 5 (Wednesday, January 25, 2006)]
[Senate]
[Pages S126-S130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 2180. A bill to provide more rigorous requirements with respect to 
disclosure and enforcement of ethics and lobbying laws and regulations, 
and for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
 Mr. REID. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2180

       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'';

[[Page S127]]

       (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,

[[Page S128]]

     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''.

[[Page S129]]

     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.--

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       (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.''.
                                 ______