Honest Leadership and Open Government Act of 2006 - Extends from one to two years the ban on former senior and very senior executive personnel, former Members of Congress, and officers and employees of the legislative branch from making lobbying contacts with any officer or employee of the entity in which such person served before his or her tenure terminated.
Eliminates floor privileges for a former Senator or Senator-elect who is a registered lobbyist.
Requires public disclosure by Members of Congress and senior congressional staff of employment negotiations.
Subjects to fines and penalties a Member of Congress or a congressional employee who wrongfully influences, on a partisan basis, an entity's employment decisions or practices.
Amends the Lobbying Disclosure Act of 1995 (LDA) to require: (1) quarterly instead of semiannual filing of lobbying disclosures reports; (2) electronic filing; (3) disclosure of registered lobbyist contributions and payments; (4) disclosure of paid efforts to stimulate grassroots lobbying; (5) disclosure by registered lobbyists of all past executive and congressional employment; and (6) maintenance of certain lobbying disclosure information in an electronic data base, available to the public free of charge over the Internet.
Amends the Standing Rules of the Senate to: (1) exclude gifts from lobbyists from the gift ban exceptions; and (2) prohibit privately funded travel by a Member, officer, or employee.
Prohibits such individuals from accepting transportation or lodging on trips sponsored by non-profit organizations that are planned, organized, requested, arranged, or financed in whole or in part by a lobbyist or foreign agent, or in which a lobbyist participates.
Requires a Member, officer, or employee of the Senate to disclose certain information regarding noncommercial air travel.
Requires the Committee on Rules and Administration to develop and revise guidelines on reasonable expenses or expenditures for official government travel.
Establishes the Senate Office of Public Integrity.
Amends the LDA to increase the penalty for failure to comply with lobbying disclosure requirements.
Requires certification that congressional travel meets certain conditions. Establishes civil fines for false certifications.
Establishes mandatory annual ethics training for congressional employees.
Amends the Standing Rules to require: (1) actual voting in a conference committee meeting on the full text of the proposed conference report; and (2) availability of such report on the Internet for at least 24 hours before its consideration.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2180
To provide more rigorous requirements with respect to disclosure and
enforcement of ethics and lobbying laws and regulations, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 20, 2006
Mr. Reid (for himself, Mr. Durbin, Ms. Stabenow, Mr. Schumer, Mr.
Akaka, Mr. Baucus, Mr. Bayh, Mr. Biden, Mr. Bingaman, Mrs. Boxer, Mr.
Carper, Mrs. Clinton, Mr. Conrad, Mr. Dayton, Mr. Dorgan, Mr. Feingold,
Mr. Harkin, Mr. Johnson, Mr. Kennedy, Mr. Kerry, Mr. Kohl, Mr.
Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr.
Menendez, Ms. Mikulski, Mrs. Murray, Mr. Obama, Mr. Reed, Mr.
Rockefeller, Mr. Salazar, Mr. Wyden, and Mr. Inouye) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide more rigorous requirements with respect to disclosure and
enforcement of ethics and lobbying laws and regulations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Honest Leadership
and Open Government Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--CLOSING THE REVOLVING DOOR
Sec. 101. Extension of lobbying ban for former Members and employees of
Congress and executive branch officials.
Sec. 102. Elimination of floor privileges for former Member lobbyists.
Sec. 103. Disclosure by Members of Congress and senior congressional
staff of employment negotiations.
Sec. 104. Ethics review of employment negotiations by executive branch
officials.
Sec. 105. Wrongfully influencing a private entity's employment
decisions or practices.
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Electronic filing of lobbying disclosure reports.
Sec. 203. Additional lobbying disclosure requirements.
Sec. 204. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 205. Disclosure of lobbying activities by certain coalitions and
associations.
Sec. 206. Disclosure by registered lobbyists of past executive and
congressional employment.
Sec. 207. Creation of a comprehensive public database of lobbying
disclosure information.
Sec. 208. Conforming amendment.
TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS
Sec. 301. Ban on gifts from lobbyists.
Sec. 302. Prohibition on privately funded travel.
Sec. 303. Prohibiting lobbyist organization and participation in
congressional travel.
Sec. 304. Disclosure of noncommercial air travel.
Sec. 305. Per diem expenses for congressional travel.
TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS
Sec. 401. Senate Office of Public Integrity.
Sec. 402. Increased civil and criminal penalties for failure to comply
with lobbying disclosure requirements.
Sec. 403. Penalty for false certification in connection with
congressional travel.
Sec. 404. Mandatory annual ethics training for congressional employees.
TITLE V--OPEN GOVERNMENT
Sec. 501. Sense of the Senate on conference committee protocols.
Sec. 502. Actual voting required in conference committee meetings.
Sec. 503. Availability of conference reports on the internet.
TITLE I--CLOSING THE REVOLVING DOOR
SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER MEMBERS AND EMPLOYEES OF
CONGRESS AND EXECUTIVE BRANCH OFFICIALS.
Section 207 of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking ``One-
year'' and inserting ``Two-year'';
(B) in paragraph (1), by striking ``1 year'' and
inserting ``2 years'' in both places it appears; and
(C) in paragraph (2)(B), by striking ``1-year
period'' and inserting ``2-year period;''
(2) in subsection (d)--
(A) in paragraph (1), by striking ``1 year'' and
inserting ``2 years''; and
(B) in paragraph (2)(A), by striking ``1 year'' and
inserting ``2 years''; and
(3) in subsection (e)--
(A) in paragraph (1)(A), by striking ``1 year'' and
inserting ``2 years'';
(B) in paragraph (2)(A), by striking ``1 year'' and
inserting ``2 years'';
(C) in paragraph (3), by striking ``1 year'' and
inserting ``2 years'';
(D) in paragraph (4), by striking ``1 year'' and
inserting ``2 years'';
(E) in paragraph (5)(A), by striking ``1 year'' and
inserting ``2 years''; and
(F) in paragraph (6), by striking ``1-year period''
and inserting ``2-year period''.
SEC. 102. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBER LOBBYISTS.
Rule XXIII of the Standing Rules of the Senate is amended by
inserting after ``Ex-Senators and Senators elect'' the following: ``,
except for any ex-Senator or Senator elect who is a registered
lobbyist''.
SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND SENIOR CONGRESSIONAL
STAFF OF EMPLOYMENT NEGOTIATIONS.
(a) Senate.--Rule XXXVII of the Standing Rules of the Senate is
amended by adding at the end the following:
``13. (a) A Member of the Senate or an employee of the Senate
earning in excess of 75 percent of the salary paid to a Senator shall
notify the Committee on Ethics that he or she is negotiating or has any
arrangement concerning prospective private employment if a conflict of
interest or the appearance of a conflict of interest may exist.
``(b) The disclosure and notification under subparagraph (a) shall
be made within 3 business days after the commencement of such
negotiation or arrangement.
``(c) A Member or employee to whom this rule applies shall recuse
himself or herself from any matter in which there is a conflict of
interest for that Member or employee under this rule and notify the
Select Committee on Ethics of such recusal.
``(d)(1) The Select Committee on Ethics shall develop guidelines
concerning conduct which is covered by this paragraph.
``(2) The Select Committee on Ethics shall maintain a current
public record of all notifications received under subparagraph (a) and
of all recusals under subparagraph (c).''.
SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS BY EXECUTIVE BRANCH
OFFICIALS.
Section 208 of title 18, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by inserting after ``the Government official
responsible for appointment to his or her position''
the following: ``and the Office of Government Ethics'';
and
(B) by striking ``a written determination made by
such official'' and inserting ``a written determination
made by the Office of Government Ethics, after
consultation with such official,''; and
(2) in subsection (b)(3), by striking ``the official
responsible for the employee's appointment, after review of''
and inserting ``the Office of Government Ethics, after
consultation with the official responsible for the employee's
appointment and after review of''; and
(3) in subsection (d)(1)--
(A) by striking ``Upon request'' and all that
follows through ``Ethics in Government Act of 1978.''
and inserting ``In each case in which the Office of
Government Ethics makes a determination granting an
exemption under subsection (b)(1) or (b)(3) to a
person, the Office shall, not later than 3 business
days after making such determination, make available to
the public pursuant to the procedures set forth in
section 105 of the Ethics in Government Act of 1978,
and publish in the Federal Register, such determination
and the materials submitted by such person in
requesting such exemption.''; and
(B) by striking ``the agency may withhold'' and
inserting ``the Office of Government Ethics may
withhold''.
SEC. 105. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S EMPLOYMENT
DECISIONS OR PRACTICES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 226. Wrongfully influencing a private entity's employment
decisions by a Member of Congress
``Whoever, being a Senator or Representative in, or a Delegate or
Resident Commissioner to, the Congress or an employee of either House
of Congress, with the intent to influence on the basis of partisan
political affiliation an employment decision or employment practice of
any private entity--
``(1) takes or withholds, or offers or threatens to take or
withhold, an official act; or
``(2) influences, or offers or threatens to influence, the
official act of another;
shall be fined under this title or imprisoned for not more than 15
years, or both, and may be disqualified from holding any office of
honor, trust, or profit under the United States.''.
(b) No Inference.--Nothing in section 226 of title 18, United
States Code, as added by this section, shall be construed to create any
inference with respect to whether the activity described in section 226
of title 18, United States Code, was already a criminal or civil
offense prior to the enactment of this Act, including sections 201(b),
201(c), and 216 of title 18, United States Code.
(c) Chapter Analysis.--The chapter analysis for chapter 11 of title
18, United States Code, is amended by adding at the end the following:
``226. Wrongfully influencing a private entity's employment decisions
by a Member of Congress.''.
(d) Senate Rules.--Rule XLIII of the Standing Rules of the Senate
is amended by adding at the end the following:
``6. No Member shall, with the intent to influence on the basis of
partisan political affiliation an employment decision or employment
practice of any private entity--
``(1) take or withhold, or offer or threaten to take or
withhold, an official act; or
``(2) influence, or offer or threaten to influence, the
official act of another.''.
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required.--Section 5 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
(1) in subsection (a)--
(A) by striking ``Semiannual'' and inserting
``Quarterly'';
(B) by striking ``the semiannual period'' and all
that follows through ``July of each year'' and insert
``the quarterly period beginning on the first days of
January, April, July, and October of each year''; and
(C) by striking ``such semiannual period'' and
insert ``such quarterly period''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``semiannual report'' and inserting
``quarterly report'';
(B) in paragraph (2), by striking ``semiannual
filing period'' and inserting ``quarterly period'';
(C) in paragraph (3), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(D) in paragraph (4), by striking ``semiannual
filing period'' and inserting ``quarterly period''.
(b) Conforming Amendments.--
(1) Definition.--Section 3(10) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602) is amended by striking ``six month
period'' and inserting ``three-month period''.
(2) Registration.--Section 4 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1603) is amended--
(A) in subsection (a)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''; and
(B) in subsection (b)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''.
(3) Enforcement.--Section 6 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking
``semiannual period'' and inserting ``quarterly period''.
(4) Estimates.--Section 15 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1610) is amended--
(A) in subsection (a)(1), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(B) in subsection (b)(1), by striking ``semiannual
period'' and inserting ``quarterly period''.
(5) Dollar amounts.--
(A) Section 4 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1603) is amended--
(i) in subsection (a)(3)(A)(i), by striking
``$5,000'' and inserting ``$2,500'';
(ii) in subsection (a)(3)(A)(ii), by
striking ``$20,000'' and inserting ``$10,000'';
(iii) in subsection (b)(3)(A), by striking
``$10,000'' and inserting ``$5,000''; and
(iv) in subsection (b)(4), by striking
``$10,000'' and inserting ``$5,000''.
(B) Section 5 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1604) is amended--
(i) in subsection (c)(1), by striking
``$10,000'' and ``$20,000'' and inserting
``$5,000'' and ``$10,000'', respectively; and
(ii) in subsection (c)(2), by striking
``$10,000'' both places such term appears and
inserting ``$5,000''.
SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended by adding at the end the following:
``(d) Electronic Filing Required.--A report required to be filed
under this section shall be filed in electronic form, in addition to
any other form that may be required by the Secretary of the Senate or
the Clerk of the House of Representatives. The Secretary of the Senate
and the Clerk of the House of Representatives shall provide for public
access to such reports on the Internet.''.
SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.
(a) Disclosure of Contributions and Payments.--Section 5(b) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (5), as added by section 204(c), by
striking the period and inserting a semicolon; and
(2) by adding at the end the following:
``(6) for each registrant (and for any political committee,
as defined in section 301(4) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(4)), affiliated with such registrant)
and for each employee listed as a lobbyist by a registrant
under paragraph 2(C), the name of each Federal candidate or
officeholder, leadership PAC, or political party committee, to
whom a contribution was made, and the amount of such
contribution; and
``(7) a certification that the lobbying firm or registrant
has not provided, requested, or directed a gift, including
travel, to a Member or employee of Congress in violation of
rule XXXV of the Standing Rules of the Senate.''.
(b) Leadership PAC.--Section 3 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602) is amended by adding at the end the following:
``(17) Leadership pac.--The term `leadership PAC' means an
unauthorized multicandidate political committee that is
established, financed, maintained, and controlled by an
individual who is a Federal officeholder or a candidate for
Federal office.''.
(c) Full and Detailed Accounting.--Section 5(c)(1) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1604(c)(1)) is amended by striking
``shall be rounded to the nearest $20,000'' and inserting ``shall be
rounded to the nearest $1,000''.
SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.
(a) Disclosure of Paid Efforts to Stimulate Grassroots Lobbying.--
Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is
amended--
(1) in paragraph (7), by adding at the end the following:
``Lobbying activities include paid efforts to stimulate
grassroots lobbying, but do not include grassroots lobbying.'';
and
(2) by adding at the end the following:
``(18) Grassroots lobbying.--The term `grassroots lobbying'
means the voluntary efforts of members of the general public to
communicate their own views on an issue to Federal officials or
to encourage other members of the general public to do the
same.
``(19) Paid efforts to stimulate grassroots lobbying.--The
term `paid efforts to stimulate grassroots lobbying'--
``(A) means any paid attempt to influence the
general public, or segments thereof, to engage in
grassroots lobbying or lobbying contacts; and
``(B) does not include any attempt described in
subparagraph (A) by a person or entity directed to its
members, employees, officers or shareholders, unless
such attempt is financed with funds directly or
indirectly received from or arranged by a lobbyist or
other registrant under this Act retained by another
person or entity.
``(20) Grassroots lobbying firm.--The term `grassroots
lobbying firm' means a person or entity that--
``(A) is retained by 1 or more clients to engage in
paid efforts to stimulate grassroots lobbying on behalf
of such clients; and
``(B) receives income of, or spends or agrees to
spend, an aggregate of $50,000 or more for such efforts
in any quarterly period.''.
(b) Registration.--Section 4(a) of the Act (2 U.S.C. 1603(a)) is
amended--
(1) in paragraph (1), by striking ``45'' and inserting
``20'';
(2) in the flush matter at the end of paragraph (3)(A)--
(A) by striking ``as estimated'' and inserting ``as
included''; and
(B) by adding at the end the following: ``For
purposes of clauses (i) and (ii) the term `lobbying
activities' shall not include paid efforts to stimulate
grassroots lobbying.'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) Grassroots lobbying firms.--Not later than 20 days
after a grassroots lobbying firm first is retained by a client
to engage in paid efforts to stimulate grassroots lobbying,
such grassroots lobbying firm shall register with the Secretary
of the Senate and the Clerk of the House of Representatives.''.
(c) Separate Itemization of Paid Efforts to Stimulate Grassroots
Lobbying.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
(1) in paragraph (3), by--
(A) inserting after ``total amount of all income''
the following: ``(including a separate good faith
estimate of the total amount relating specifically to
paid efforts to stimulate grassroots lobbying and,
within that amount, a good faith estimate of the total
amount specifically relating to paid advertising)'';
and
(B) striking ``and'' after the semicolon;
(2) in paragraph (4), by--
(A) inserting after ``total expenses'' the
following: ``(including a good faith estimate of the
total amount relating specifically to paid efforts to
stimulate grassroots lobbying and, within that total
amount, a good faith estimate of the total amount
specifically relating to paid advertising)''; and
(B) striking the period and inserting a semicolon;
(3) by adding at the end the following:
``(5) in the case of a grassroots lobbying firm, for each
client--
``(A) a good faith estimate of the total
disbursements made for grassroots lobbying activities,
and a subtotal for disbursements made for grassroots
lobbying through paid advertising;
``(B) identification of each person or entity other
than an employee who received a disbursement of funds
for grassroots lobbying activities of $10,000 or more
during the period and the total amount each person or
entity received; and
``(C) if such disbursements are made through a
person or entity who serves as an intermediary or
conduit, identification of each such intermediary or
conduit, identification of the person or entity who
receives the funds, and the total amount each such
person or entity received.''; and
(4) by adding at the end the following:
``Subparagraphs (B) and (C) of paragraph (2) shall not apply with
respect to reports relating to paid efforts to stimulate grassroots
lobbying activities.''.
(d) Large Grassroots Expenditure.--Section 5(a) of the Act (2
U.S.C. 1604(a)) is amended--
(1) by striking ``No later'' and inserting:
``(1) In general.--Except as provided in paragraph (2), not
later''; and
(2) by adding at the end the following:
``(2) Large grassroots expenditure.--A registrant that is a
grassroots lobbying firm and that receives income of, or spends
or agrees to spend, an aggregate amount of $250,000 or more on
paid efforts to stimulate grassroots lobbying for a client, or
for a group of clients for a joint effort, shall file--
``(A) a report under this section not later than 20
days after receiving, spending, or agreeing to spend
that amount; and
``(B) an additional report not later than 20 days
after each time such registrant receives income of, or
spends or agrees to spend, an aggregate amount of
$250,000 or more on paid efforts to stimulate
grassroots lobbying for a client, or for a group of
clients for a joint effort.''.
SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--Section 4(b)(3)(B) of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1603(b)(3)(B)) is amended to read as follows:
``(B) participates in the planning, supervision or
control of such lobbying activities;''.
(b) No Donor or Membership List Disclosure.--Section 4(b) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended by adding
at the end the following:
``No disclosure is required under paragraph (3)(B) if it is publicly
available knowledge that the organization that would be identified is
affiliated with the client or has been publicly disclosed to have
provided funding to the client, unless the organization in whole or in
major part plans, supervises or controls such lobbying activities.
Nothing in paragraph (3)(B) shall be construed to require the
disclosure of any information about individuals who are members of, or
donors to, an entity treated as a client by this Act or an organization
identified under that paragraph.''.
SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE AND
CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(b)(6)) is amended by striking ``or a covered legislative branch
official'' and all that follows through ``as a lobbyist on behalf of
the client,'' and inserting ``or a covered legislative branch
official,''.
SEC. 207. CREATION OF A COMPREHENSIVE PUBLIC DATABASE OF LOBBYING
DISCLOSURE INFORMATION.
(a) Database Required.--Section 6 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1605) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) maintain, and make available to the public over the
Internet, without a fee or other access charge, in a searchable
and downloadable manner, an electronic database that includes
the information contained in registrations and reports filed
under this Act.''.
(b) Availability of Reports.--Section 6(4) of the Lobbying
Disclosure Act of 1995 is amended by inserting before the semicolon at
the end the following: ``and, in the case of a report filed in
electronic form pursuant to section 5(d), shall make such report
available for public inspection over the Internet not more than 48
hours after the report is so filed''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out section 6(9) of
the Lobbying Disclosure Act of 1995, as added by subsection (a).
SEC. 208. CONFORMING AMENDMENT.
The requirements of this Act shall not apply to the activities of
any political committee described in section 301(4) of the Federal
Election Campaign Act of 1971.
TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS
SEC. 301. BAN ON GIFTS FROM LOBBYISTS.
(a) In General.--Paragraph 1(a)(2) of rule XXXV of the Standing
Rules of the Senate is amended by adding at the end the following:
``This clause shall not apply to a gift from a lobbyist.''.
(b) Rules Committee Review.--The Committee on Rules and
Administration shall review the present exceptions to the Senate gift
rule and make recommendations to the Senate not later than 3 months
after the date of enactment of this Act on eliminating all but those
which are absolutely necessary to effectuate the purpose of the rule.
SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL.
Paragraph 2(a)(1) of rule XXXV of the Standing Rules of the Senate
is amended by striking ``an individual'' and inserting ``an
organization recognized under section 501(c)(3) of the Internal Revenue
Code of 1986 that is not affiliated with any group that lobbies before
Congress''.
SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION IN
CONGRESSIONAL TRAVEL.
(a) In General.--Paragraph 2 of rule XXXV of the Standing Rules of
the Senate is amended by adding at the end the following:
``(g) A Member, officer, or employee may not accept transportation
or lodging on any trip sponsored by an organization recognized under
section 501(c)(3) of the Internal Revenue Code of 1986 covered by this
paragraph that is planned, organized, requested, arranged, or financed
in whole, or in part by a lobbyist or foreign agent, or in which a
lobbyist participates.
``(h) Before a Member, officer, or employee may accept
transportation or lodging otherwise permissible under this paragraph
from any person, such Member, officer, or employee shall obtain a
written certification from such person (and provide a copy of such
certification to the Select Committee on Ethics) that--
``(1) the trip was not planned, organized, requested,
arranged, or financed in whole, or in part by a registered
lobbyist or foreign agent and was not organized at the request
of a registered lobbyist or foreign agent;
``(2) registered lobbyists will not participate in or
attend the trip; and
``(3) the person did not accept, from any source, funds
specifically earmarked for the purpose of financing the travel
expenses.
The Select Committee on Ethics shall make public information received
under this subparagraph as soon as possible after it is received.''.
(b) Conforming Amendments.--Paragraph 2(c) of rule XXXV of the
Standing Rules of the Senate is amended--
(1) by striking ``of expenses reimbursed or to be
reimbursed'';
(2) in clause (5), by striking ``and'' after the semicolon;
(3) in clause (6), by striking the period and inserting ``;
and''; and
(4) by adding at the end the following:
``(7) a description of meetings and events attended during
such travel, except when disclosure of such information is
deemed by the Member or supervisor under whose direct
supervision the employee works to jeopardize the safety of an
individual or otherwise interfere with the official duties of
the Member, officer, or employee.''.
(c) Public Availability.--Paragraph 2(e) of rule XXXV is amended to
read as follows:
``(e) The Secretary of the Senate shall make available to the
public all advance authorizations, certifications, and disclosures
filed pursuant to subparagraphs (a) and (h) as soon as possible after
they are received.''.
SEC. 304. DISCLOSURE OF NONCOMMERCIAL AIR TRAVEL.
A Member, officer, or employee of the Senate shall--
(1) disclose a flight on an aircraft that is not licensed
by the Federal Aviation Administration to operate for
compensation or hire, taken in connection with the duties of
the Member, officer, or employee as an officeholder or Senate
officer or employee; and
(2) with respect to the flight, file a report with the
Secretary of the Senate, including the date, destination, and
owner or lessee of the aircraft and the purpose of the trip.
SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAVEL.
(a) Senate.--Rule XXXV of the Standing Rules of the Senate is
amended by adding at the end the following:
``7. Not later than 90 days after the date of adoption of this
paragraph and at annual intervals thereafter, the Committee on Rules
and Administration shall develop and revise, as necessary, guidelines
on what constitutes `reasonable expenses' or `reasonable expenditures'
for purposes of this rule. In developing and revising the guidelines,
the committee shall take into account the maximum per diem rates for
official Government travel published annually by the General Services
Administration, the Department of State, and the Department of
Defense.''.
TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS
SEC. 401. SENATE OFFICE OF PUBLIC INTEGRITY.
(a) Establishment.--There is established in the Senate an office to
be known as the ``Senate Office of Public Integrity'' (referred to in
this section as the ``Office''), which shall be headed by a Senate
Director of Public Integrity (hereinafter referred to as the
``Director'').
(b) Office.--The Office shall receive lobbyists' disclosures on
behalf of the Senate under the Lobbying Disclosure Act of 1995 and
conduct such audits and investigations as are necessary to ensure
compliance with the Act.
(c) Referral Authority.--The Office shall have authority to refer
violations of the Lobbying Disclosure Act of 1995 to the Select
Committee on Ethics and the Department of Justice for disciplinary
action.
(d) Director.--
(1) In general.--The Director shall be appointed by the
President pro tempore of the Senate from among recommendations
submitted by the majority and minority leaders of the Senate.
Any appointment made under this subsection shall be made
without regard to political affiliation and solely on the basis
of fitness to perform the duties of the position. Any person
appointed as Director shall be learned in the law, a member of
the bar of a State or the District of Columbia, and shall not
engage in any other business, vocation, or employment during
the term of such appointment.
(2) Oversight.--The Director shall report to a joint
leadership group consisting of the President pro tempore, the
Majority Leader, and the Minority Leader.
(3) Terms of service.--Any appointment made under paragraph
(1) shall become effective upon approval by resolution of the
Senate. The Director shall be appointed for a term of service
which shall expire at the end of the Congress following the
Congress during which the Director is appointed except that the
Senate may, by resolution, remove Director prior to the
termination of any term of service. The Director may be
reappointed at the termination of any term of service.
(4) Compensation.--The Director shall receive compensation
at a rate equal to the annual rate of basic pay for level III
of the Executive Schedule under section 5314 of title 5, United
States Code .
(5) Staff.--The Director shall hire such additional staff
as are required to carry out this section, including
investigators and accountants.
(e) Audits and Investigations.--
(1) In general.--The Office shall audit lobbying
registrations and reports filed pursuant to the Lobbying
Disclosure Act of 1995 to determine the extent of compliance or
non-compliance with the requirements of such Act by lobbyists
and their clients.
(2) Evidence of non-compliance.--If in the course an audit
conducted pursuant to the requirements of paragraph (1), the
Office obtains information indicating that a person or entity
may be in non-compliance with the requirements of the Lobbying
Disclosure Act of 1995, the Office shall refer the matter to
the Select Committee on Ethics or the United States Attorney
for the District of Columbia, as appropriate
(f) Transfer of Records.--On the date that is 90 days after the
date of enactment of this Act, the Office of Public Records of the
Senate shall transfer all authority and records of that office to the
Senate Office of Public Integrity.
(g) Conforming Amendments.--
(1) New office.--Section 6 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1605) is amended by striking ``Secretary of
the Senate'' and inserting ``Senate Office of Public
Integrity''.
(2) Audit authority.--Section 8 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607) is amended by striking subsection
(c).
(h) Authorization of Appropriations.--There are authorized to be
appropriated in a separate account such sums as are necessary to carry
out this section.
SEC. 402. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO COMPLY
WITH LOBBYING DISCLOSURE REQUIREMENTS.
Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is
amended--
(1) by inserting `` (a) Civil Penalty.--'' before
``Whoever'';
(2) by striking ``$50,000'' and inserting ``$100,000''; and
(3) by adding at the end the following:
``(b) Criminal Penalty.--
``(1) In general.--Whoever knowingly and wilfully fails to
comply with any provision of this section shall be imprisoned
for not more than 5 years, or fined under title 18, United
States Code, or both.
``(2) Corruptly.--Whoever knowingly, wilfully, and
corruptly fails to comply with any provision of this section
shall be imprisoned for not more than 10 years, or fined under
title 18, United States Code, or both.''.
SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNECTION WITH
CONGRESSIONAL TRAVEL.
(a) Civil Fine.--
(1) In general.--Whoever makes a false certification in
connection with the travel of a Member, officer, or employee of
either House of Congress (within the meaning given those terms
in section 207 of title 18, United States Code), under
paragraph 2(h) of rule XXXV of the Standing Rules of the
Senate, shall, upon proof of such offense by a preponderance of
the evidence, be subject to a civil fine depending on the
extent and gravity of the violation.
(2) Maximum fine.--The maximum fine per offense under this
section depends on the number of separate trips in connection
with which the person committed an offense under this
subsection, as follows:
(A) First trip.--For each offense committed in
connection with the first such trip, the amount of the
fine shall be not more than $100,000 per offense.
(B) Second trip.--For each offense committed in
connection with the second such trip, the amount of the
fine shall be not more than $300,000 per offense.
(C) Any other trips.--For each offense committed in
connection with any such trip after the second, the
amount of the fine shall be not more than $500,000 per
offense.
(3) Enforcement.--The Attorney General may bring an action
in United States district court to enforce this subsection.
(b) Criminal Penalty.--
(1) In general.--Whoever knowingly and wilfully fails to
comply with any provision of this section shall be imprisoned
for not more than 5 years, or fined under title 18, United
States Code, or both.
(2) Corruptly.--Whoever knowingly, wilfully, and corruptly
fails to comply with any provision of this section shall be
imprisoned for not more than 10 years, or fined under title 18,
United States Code, or both.
SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR CONGRESSIONAL EMPLOYEES.
(a) Ethics Training.--
(1) In general.--The Committee on Ethics shall provide
annual ethics training to each employee of the Senate which
shall include knowledge of the Official Code of Conduct and
related Senate rules.
(2) Secretary of the senate.--The Secretary of the Senate
shall assist the Committee on Ethics in providing training
required by this subsection.
(3) New employees.--A new employee of the Senate shall
receive training under this section not later than 60 days
after beginning service to the Senate.
(b) Certification.--Not later than January 31 of each year, each
employee of the Senate shall file a certification with the Committee on
Ethics that the employee attended ethics training in the last year as
established by this section.
TITLE V--OPEN GOVERNMENT
SEC. 501. SENSE OF THE SENATE ON CONFERENCE COMMITTEE PROTOCOLS.
It is the sense of Senate that--
(1) conference committees should hold regular, formal
meetings of all conferees that are open to the public;
(2) all conferees should be given adequate notice of the
time and place of all such meetings;
(3) all conferees should be afforded an opportunity to
participate in full and complete debates of the matters that
such conference committees may recommend to their respective
Houses;
(4) all matters before a conference committee should be
resolved in conference by votes on the public record; and
(5) existing rules should be enforced and new rules adopted
in the Senate to shine the light on special interest
legislation that is enacted in the dead of night.
SEC. 502. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE MEETINGS.
Rule XXVIII of the Standing Rules of the Senate is amended by
adding at the end the following:
``8. Each Senate member of a conference committee shall be afforded
an opportunity at an open meeting of the conference to vote on the full
text of the proposed report of the conference.''.
SEC. 503. AVAILABILITY OF CONFERENCE REPORTS ON THE INTERNET.
Rule XXVIII of all the Standing Rules of the Senate is amended by
adding at the end the following:
``9. It shall not be in order in the Senate to consider a
conference report unless such report is available to all Members and
made available to the general public by means of the Internet for at
least 24 hours before its consideration.''.
<all>
Introduced in Senate
Read twice and referred, under authority of the order of the Senate of Jan. 18, 2006, to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR 1/24/2006 S20-23)
Committee on Homeland Security and Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 109-428.
Sponsor introductory remarks on measure. (CR S1760-1761)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line