II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Honest Leadership and Open Government Act of 2006’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 
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1 TITLE I—CLOSING THE 

2 REVOLVING DOOR 

3 SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER 

4 MEMBERS AND EMPLOYEES OF CONGRESS 

5 AND EXECUTIVE BRANCH OFFICIALS. 

6 Section 207 of title 18, United States Code, is 

7 amended— 

8 (1) in subsection (c)— 

9 (A) in the subsection heading, by striking 

10 ‘‘One-year’’ and inserting ‘‘Two-year’’; 

11 (B) in paragraph (1), by striking ‘‘1 year’’ 

12 and inserting ‘‘2 years’’ in both places it ap13 pears; and 

14 (C) in paragraph (2)(B), by striking ‘‘1- 

15 year period’’ and inserting ‘‘2-year period;’’ 

16 (2) in subsection (d)— 

17 (A) in paragraph (1), by striking ‘‘1 year’’ 

18 and inserting ‘‘2 years’’; and 

19 (B) in paragraph (2)(A), by striking ‘‘1 

20 year’’ and inserting ‘‘2 years’’; and 

21 (3) in subsection (e)— 

22 (A) in paragraph (1)(A), by striking ‘‘1 

23 year’’ and inserting ‘‘2 years’’; 

24 (B) in paragraph (2)(A), by striking ‘‘1 

25 year’’ and inserting ‘‘2 years’’; 
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1 (C) in paragraph (3), by striking ‘‘1 year’’ 

2 and inserting ‘‘2 years’’; 

3 (D) in paragraph (4), by striking ‘‘1 year’’ 

4 and inserting ‘‘2 years’’; 

5 (E) in paragraph (5)(A), by striking ‘‘1 

6 year’’ and inserting ‘‘2 years’’; and 

7 (F) in paragraph (6), by striking ‘‘1-year 

8 period’’ and inserting ‘‘2-year period’’. 

9 SEC. 102. ELIMINATION OF FLOOR PRIVILEGES FOR 

10 FORMER MEMBER LOBBYISTS. 

11 Rule XXIII of the Standing Rules of the Senate is 

12 amended by inserting after ‘‘Ex-Senators and Senators 

13 elect’’ the following: ‘‘, except for any ex-Senator or Sen14 ator elect who is a registered lobbyist’’. 

15 SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND 

16 SENIOR CONGRESSIONAL STAFF OF EMPLOY17 MENT NEGOTIATIONS. 

18 (a) SENATE.—Rule XXXVII of the Standing Rules 

19 of the Senate is amended by adding at the end the fol20 lowing: 

21 ‘‘13. (a) A Member of the Senate or an employee of 

22 the Senate earning in excess of 75 percent of the salary 

23 paid to a Senator shall notify the Committee on Ethics 

24 that he or she is negotiating or has any arrangement con-
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1 cerning prospective private employment if a conflict of in2 terest or the appearance of a conflict of interest may exist. 

3 ‘‘(b) The disclosure and notification under subpara4 graph (a) shall be made within 3 business days after the 

5 commencement of such negotiation or arrangement. 

6 ‘‘(c) A Member or employee to whom this rule applies 

7 shall recuse himself or herself from any matter in which 

8 there is a conflict of interest for that Member or employee 

9 under this rule and notify the Select Committee on Ethics 

10 of such recusal. 

11 ‘‘(d)(1) The Select Committee on Ethics shall develop 

12 guidelines concerning conduct which is covered by this 

13 paragraph. 

14 ‘‘(2) The Select Committee on Ethics shall maintain 

15 a current public record of all notifications received under 

16 subparagraph (a) and of all recusals under subparagraph 

17 (c).’’. 

18 SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS 

19 BY EXECUTIVE BRANCH OFFICIALS. 

20 Section 208 of title 18, United States Code, is 

21 amended— 

22 (1) in subsection (b)(1)— 

23 (A) by inserting after ‘‘the Government of24 ficial responsible for appointment to his or her 
6 

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1 position’’ the following: ‘‘and the Office of Gov2 ernment Ethics’’; and 

3 (B) by striking ‘‘a written determination 

4 made by such official’’ and inserting ‘‘a written 

5 determination made by the Office of Govern6 ment Ethics, after consultation with such offi7 cial,’’; and 

8 (2) in subsection (b)(3), by striking ‘‘the official 

9 responsible for the employee’s appointment, after re10 view of’’ and inserting ‘‘the Office of Government 

11 Ethics, after consultation with the official respon12 sible for the employee’s appointment and after re13 view of’’; and 

14 (3) in subsection (d)(1)— 

15 (A) by striking ‘‘Upon request’’ and all 

16 that follows through ‘‘Ethics in Government Act 

17 of 1978.’’ and inserting ‘‘In each case in which 

18 the Office of Government Ethics makes a deter19 mination granting an exemption under sub20 section (b)(1) or (b)(3) to a person, the Office 

21 shall, not later than 3 business days after mak22 ing such determination, make available to the 

23 public pursuant to the procedures set forth in 

24 section 105 of the Ethics in Government Act of 

25 1978, and publish in the Federal Register, such 
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1 determination and the materials submitted by 

2 such person in requesting such exemption.’’; 

3 and 

4 (B) by striking ‘‘the agency may withhold’’ 

5 and inserting ‘‘the Office of Government Ethics 

6 may withhold’’. 

7 SEC. 105. WRONGFULLY INFLUENCING A PRIVATE ENTITY’S 

8 EMPLOYMENT DECISIONS OR PRACTICES. 

9 (a) IN GENERAL.—Chapter 11 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 226. Wrongfully influencing a private entity’s em13 ployment decisions by a Member of Con14 gress 

15 ‘‘Whoever, being a Senator or Representative in, or 

16 a Delegate or Resident Commissioner to, the Congress or 

17 an employee of either House of Congress, with the intent 

18 to influence on the basis of partisan political affiliation 

19 an employment decision or employment practice of any 

20 private entity— 

21 ‘‘(1) takes or withholds, or offers or threatens 

22 to take or withhold, an official act; or 

23 ‘‘(2) influences, or offers or threatens to influ24 ence, the official act of another; 
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1 shall be fined under this title or imprisoned for not more 

2 than 15 years, or both, and may be disqualified from hold3 ing any office of honor, trust, or profit under the United 

4 States.’’. 

5 (b) NO INFERENCE.—Nothing in section 226 of title 

6 18, United States Code, as added by this section, shall 

7 be construed to create any inference with respect to wheth8 er the activity described in section 226 of title 18, United 

9 States Code, was already a criminal or civil offense prior 

10 to the enactment of this Act, including sections 201(b), 

11 201(c), and 216 of title 18, United States Code. 

12 (c) CHAPTER ANALYSIS.—The chapter analysis for 

13 chapter 11 of title 18, United States Code, is amended 

14 by adding at the end the following: 

‘‘226. Wrongfully influencing a private entity’s employment decisions by a Member of Congress.’’. 

15 (d) SENATE RULES.—Rule XLIII of the Standing 

16 Rules of the Senate is amended by adding at the end the 

17 following: 

18 ‘‘6. No Member shall, with the intent to influence on 

19 the basis of partisan political affiliation an employment 

20 decision or employment practice of any private entity— 

21 ‘‘(1) take or withhold, or offer or threaten to 

22 take or withhold, an official act; or 

23 ‘‘(2) influence, or offer or threaten to influence, 

24 the official act of another.’’. 
9 

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1 TITLE II—FULL PUBLIC 

2 DISCLOSURE OF LOBBYING 

3 SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE 

4 REPORTS. 

5 (a) QUARTERLY FILING REQUIRED.—Section 5 of 

6 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘Semiannual’’ and insert10 ing ‘‘Quarterly’’; 

11 (B) by striking ‘‘the semiannual period’’ 

12 and all that follows through ‘‘July of each 

13 year’’ and insert ‘‘the quarterly period begin14 ning on the first days of January, April, July, 

15 and October of each year’’; and 

16 (C) by striking ‘‘such semiannual period’’ 

17 and insert ‘‘such quarterly period’’; and 

18 (2) in subsection (b)— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘semiannual report’’ and inserting 

21 ‘‘quarterly report’’; 

22 (B) in paragraph (2), by striking ‘‘semi23 annual filing period’’ and inserting ‘‘quarterly 

24 period’’; 
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1 (C) in paragraph (3), by striking ‘‘semi2 annual period’’ and inserting ‘‘quarterly pe3 riod’’; and 

4 (D) in paragraph (4), by striking ‘‘semi5 annual filing period’’ and inserting ‘‘quarterly 

6 period’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) DEFINITION.—Section 3(10) of the Lob9 bying Disclosure Act of 1995 (2 U.S.C. 1602) is 

10 amended by striking ‘‘six month period’’ and insert11 ing ‘‘three-month period’’. 

12 (2) REGISTRATION.—Section 4 of the Lobbying 

13 Disclosure Act of 1995 (2 U.S.C. 1603) is amend14 ed— 

15 (A) in subsection (a)(3)(A), by striking 

16 ‘‘semiannual period’’ and inserting ‘‘quarterly 

17 period’’; and 

18 (B) in subsection (b)(3)(A), by striking 

19 ‘‘semiannual period’’ and inserting ‘‘quarterly 

20 period’’. 

21 (3) ENFORCEMENT.—Section 6 of the Lobbying 

22 Disclosure Act of 1995 (2 U.S.C. 1605) is amended 

23 in paragraph (6) by striking ‘‘semiannual period’’ 

24 and inserting ‘‘quarterly period’’. 
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1 (4) ESTIMATES.—Section 15 of the Lobbying 

2 Disclosure Act of 1995 (2 U.S.C. 1610) is amend3 ed— 

4 (A) in subsection (a)(1), by striking ‘‘semi5 annual period’’ and inserting ‘‘quarterly pe6 riod’’; and 

7 (B) in subsection (b)(1), by striking ‘‘semi8 annual period’’ and inserting ‘‘quarterly pe9 riod’’. 

10 (5) DOLLAR AMOUNTS.— 

11 (A) Section 4 of the Lobbying Disclosure 

12 Act of 1995 (2 U.S.C. 1603) is amended— 

13 (i) in subsection (a)(3)(A)(i), by strik14 ing ‘‘$5,000’’ and inserting ‘‘$2,500’’; 

15 (ii) in subsection (a)(3)(A)(ii), by 

16 striking ‘‘$20,000’’ and inserting 

17 ‘‘$10,000’’; 

18 (iii) in subsection (b)(3)(A), by strik19 ing ‘‘$10,000’’ and inserting ‘‘$5,000’’; 

20 and 

21 (iv) in subsection (b)(4), by striking 

22 ‘‘$10,000’’ and inserting ‘‘$5,000’’. 

23 (B) Section 5 of the Lobbying Disclosure 

24 Act of 1995 (2 U.S.C. 1604) is amended— 
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1 (i) in subsection (c)(1), by striking 

2 ‘‘$10,000’’ and ‘‘$20,000’’ and inserting 

3 ‘‘$5,000’’ and ‘‘$10,000’’, respectively; and 

4 (ii) in subsection (c)(2), by striking 

5 ‘‘$10,000’’ both places such term appears 

6 and inserting ‘‘$5,000’’. 

7 SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE 

8 REPORTS. 

9 Section 5 of the Lobbying Disclosure Act of 1995 (2 

10 U.S.C. 1604) is amended by adding at the end the fol11 lowing: 

12 ‘‘(d) ELECTRONIC FILING REQUIRED.—A report re13 quired to be filed under this section shall be filed in elec14 tronic form, in addition to any other form that may be 

15 required by the Secretary of the Senate or the Clerk of 

16 the House of Representatives. The Secretary of the Senate 

17 and the Clerk of the House of Representatives shall pro18 vide for public access to such reports on the Internet.’’. 

19 SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIRE20 MENTS. 

21 (a) DISCLOSURE OF CONTRIBUTIONS AND PAY22 MENTS.—Section 5(b) of the Lobbying Disclosure Act of 

23 1995 (2 U.S.C. 1604(b)) is amended— 
13 

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1 (1) in paragraph (5), as added by section 

2 204(c), by striking the period and inserting a semi3 colon; and 

4 (2) by adding at the end the following: 

5 ‘‘(6) for each registrant (and for any political 

6 committee, as defined in section 301(4) of the Fed7 eral Election Campaign Act of 1971 (2 U.S.C. 

8 431(4)), affiliated with such registrant) and for each 

9 employee listed as a lobbyist by a registrant under 

10 paragraph 2(C), the name of each Federal candidate 

11 or officeholder, leadership PAC, or political party 

12 committee, to whom a contribution was made, and 

13 the amount of such contribution; and 

14 ‘‘(7) a certification that the lobbying firm or 

15 registrant has not provided, requested, or directed a 

16 gift, including travel, to a Member or employee of 

17 Congress in violation of rule XXXV of the Standing 

18 Rules of the Senate.’’. 

19 (b) LEADERSHIP PAC.—Section 3 of the Lobbying 

20 Disclosure Act of 1995 (2 U.S.C. 1602) is amended by 

21 adding at the end the following: 

22 ‘‘(17) LEADERSHIP PAC.—The term ‘leadership 

23 PAC’ means an unauthorized multicandidate polit24 ical committee that is established, financed, main-
14 

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1 tained, and controlled by an individual who is a Fed2 eral officeholder or a candidate for Federal office.’’. 

3 (c) FULL AND DETAILED ACCOUNTING.—Section 

4 5(c)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 

5 1604(c)(1)) is amended by striking ‘‘shall be rounded to 

6 the nearest $20,000’’ and inserting ‘‘shall be rounded to 

7 the nearest $1,000’’. 

8 SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE 

9 GRASSROOTS LOBBYING. 

10 (a) DISCLOSURE OF PAID EFFORTS TO STIMULATE

11 GRASSROOTS LOBBYING.—Section 3 of the Lobbying Dis12 closure Act of 1995 (2 U.S.C. 1602) is amended— 

13 (1) in paragraph (7), by adding at the end the 

14 following: ‘‘Lobbying activities include paid efforts to 

15 stimulate grassroots lobbying, but do not include 

16 grassroots lobbying.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(18) GRASSROOTS LOBBYING.—The term 

19 ‘grassroots lobbying’ means the voluntary efforts of 

20 members of the general public to communicate their 

21 own views on an issue to Federal officials or to en22 courage other members of the general public to do 

23 the same. 
15 

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1 ‘‘(19) PAID EFFORTS TO STIMULATE GRASS2 ROOTS LOBBYING.—The term ‘paid efforts to stimu3 late grassroots lobbying’— 

4 ‘‘(A) means any paid attempt to influence 

5 the general public, or segments thereof, to en6 gage in grassroots lobbying or lobbying con7 tacts; and 

8 ‘‘(B) does not include any attempt de9 scribed in subparagraph (A) by a person or en10 tity directed to its members, employees, officers 

11 or shareholders, unless such attempt is financed 

12 with funds directly or indirectly received from 

13 or arranged by a lobbyist or other registrant 

14 under this Act retained by another person or 

15 entity. 

16 ‘‘(20) GRASSROOTS LOBBYING FIRM.—The term 

17 ‘grassroots lobbying firm’ means a person or entity 

18 that— 

19 ‘‘(A) is retained by 1 or more clients to en20 gage in paid efforts to stimulate grassroots lob21 bying on behalf of such clients; and 

22 ‘‘(B) receives income of, or spends or 

23 agrees to spend, an aggregate of $50,000 or 

24 more for such efforts in any quarterly period.’’. 
16 

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1 (b) REGISTRATION.—Section 4(a) of the Act (2 

2 U.S.C. 1603(a)) is amended— 

3 (1) in paragraph (1), by striking ‘‘45’’ and in4 serting ‘‘20’’; 

5 (2) in the flush matter at the end of paragraph 

6 (3)(A)— 

7 (A) by striking ‘‘as estimated’’ and insert8 ing ‘‘as included’’; and 

9 (B) by adding at the end the following: 

10 ‘‘For purposes of clauses (i) and (ii) the term 

11 ‘lobbying activities’ shall not include paid ef12 forts to stimulate grassroots lobbying.’’; 

13 (3) by redesignating paragraph (3) as para14 graph (4); and 

15 (4) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) GRASSROOTS LOBBYING FIRMS.—Not later 

18 than 20 days after a grassroots lobbying firm first 

19 is retained by a client to engage in paid efforts to 

20 stimulate grassroots lobbying, such grassroots lob21 bying firm shall register with the Secretary of the 

22 Senate and the Clerk of the House of Representa23 tives.’’. 
17 

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1 (c) SEPARATE ITEMIZATION OF PAID EFFORTS TO

2 STIMULATE GRASSROOTS LOBBYING.—Section 5(b) of the 

3 Act (2 U.S.C. 1604(b)) is amended— 

4 (1) in paragraph (3), by— 

5 (A) inserting after ‘‘total amount of all in6 come’’ the following: ‘‘(including a separate 

7 good faith estimate of the total amount relating 

8 specifically to paid efforts to stimulate grass9 roots lobbying and, within that amount, a good 

10 faith estimate of the total amount specifically 

11 relating to paid advertising)’’; and 

12 (B) striking ‘‘and’’ after the semicolon; 

13 (2) in paragraph (4), by— 

14 (A) inserting after ‘‘total expenses’’ the 

15 following: ‘‘(including a good faith estimate of 

16 the total amount relating specifically to paid ef17 forts to stimulate grassroots lobbying and, with18 in that total amount, a good faith estimate of 

19 the total amount specifically relating to paid 

20 advertising)’’; and 

21 (B) striking the period and inserting a 

22 semicolon; 

23 (3) by adding at the end the following: 

24 ‘‘(5) in the case of a grassroots lobbying firm, 

25 for each client— 
18 

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1 ‘‘(A) a good faith estimate of the total dis2 bursements made for grassroots lobbying activi3 ties, and a subtotal for disbursements made for 

4 grassroots lobbying through paid advertising; 

5 ‘‘(B) identification of each person or entity 

6 other than an employee who received a dis7 bursement of funds for grassroots lobbying ac8 tivities of $10,000 or more during the period 

9 and the total amount each person or entity re10 ceived; and 

11 ‘‘(C) if such disbursements are made 

12 through a person or entity who serves as an 

13 intermediary or conduit, identification of each 

14 such intermediary or conduit, identification of 

15 the person or entity who receives the funds, and 

16 the total amount each such person or entity re17 ceived.’’; and 

18 (4) by adding at the end the following: 

19 ‘‘Subparagraphs (B) and (C) of paragraph (2) shall not 

20 apply with respect to reports relating to paid efforts to 

21 stimulate grassroots lobbying activities.’’. 

22 (d) LARGE GRASSROOTS EXPENDITURE.—Section 

23 5(a) of the Act (2 U.S.C. 1604(a)) is amended— 

24 (1) by striking ‘‘No later’’ and inserting: 
19 

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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), not later’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) LARGE GRASSROOTS EXPENDITURE.—A 

5 registrant that is a grassroots lobbying firm and 

6 that receives income of, or spends or agrees to 

7 spend, an aggregate amount of $250,000 or more on 

8 paid efforts to stimulate grassroots lobbying for a 

9 client, or for a group of clients for a joint effort, 

10 shall file— 

11 ‘‘(A) a report under this section not later 

12 than 20 days after receiving, spending, or 

13 agreeing to spend that amount; and 

14 ‘‘(B) an additional report not later than 20 

15 days after each time such registrant receives in16 come of, or spends or agrees to spend, an ag17 gregate amount of $250,000 or more on paid 

18 efforts to stimulate grassroots lobbying for a 

19 client, or for a group of clients for a joint ef20 fort.’’. 

21 SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CER22 TAIN COALITIONS AND ASSOCIATIONS. 

23 (a) IN GENERAL.—Section 4(b)(3)(B) of the Lob24 bying Disclosure Act of 1995 (2 U.S.C. 1603(b)(3)(B)) 

25 is amended to read as follows: 
20 

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1 ‘‘(B) participates in the planning, super2 vision or control of such lobbying activities;’’. 

3 (b) NO DONOR OR MEMBERSHIP LIST DISCLO4 SURE.—Section 4(b) of the Lobbying Disclosure Act of 

5 1995 (2 U.S.C. 1603(b)) is amended by adding at the end 

6 the following: 

7 ‘‘No disclosure is required under paragraph (3)(B) if it 

8 is publicly available knowledge that the organization that 

9 would be identified is affiliated with the client or has been 

10 publicly disclosed to have provided funding to the client, 

11 unless the organization in whole or in major part plans, 

12 supervises or controls such lobbying activities. Nothing in 

13 paragraph (3)(B) shall be construed to require the disclo14 sure of any information about individuals who are mem15 bers of, or donors to, an entity treated as a client by this 

16 Act or an organization identified under that paragraph.’’. 

17 SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF 

18 PAST EXECUTIVE AND CONGRESSIONAL EM19 PLOYMENT. 

20 Section 4(b)(6) of the Lobbying Disclosure Act of 

21 1995 (2 U.S.C. 1603(b)(6)) is amended by striking ‘‘or 

22 a covered legislative branch official’’ and all that follows 

23 through ‘‘as a lobbyist on behalf of the client,’’ and insert24 ing ‘‘or a covered legislative branch official,’’. 
21 

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1 SEC. 207. CREATION OF A COMPREHENSIVE PUBLIC DATA2 BASE OF LOBBYING DISCLOSURE INFORMA3 TION. 

4 (a) DATABASE REQUIRED.—Section 6 of the Lob5 bying Disclosure Act of 1995 (2 U.S.C. 1605) is amend6 ed— 

7 (1) in paragraph (7), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (8), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(9) maintain, and make available to the public 

14 over the Internet, without a fee or other access 

15 charge, in a searchable and downloadable manner, 

16 an electronic database that includes the information 

17 contained in registrations and reports filed under 

18 this Act.’’. 

19 (b) AVAILABILITY OF REPORTS.—Section 6(4) of the 

20 Lobbying Disclosure Act of 1995 is amended by inserting 

21 before the semicolon at the end the following: ‘‘and, in 

22 the case of a report filed in electronic form pursuant to 

23 section 5(d), shall make such report available for public 

24 inspection over the Internet not more than 48 hours after 

25 the report is so filed’’. 
22 

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out section 6(9) of the Lobbying Disclo4 sure Act of 1995, as added by subsection (a). 

5 SEC. 208. CONFORMING AMENDMENT. 

6 The requirements of this Act shall not apply to the 

7 activities of any political committee described in section 

8 301(4) of the Federal Election Campaign Act of 1971. 

9 TITLE III—RESTRICTING CON10 GRESSIONAL TRAVEL AND 

11 GIFTS 

12 SEC. 301. BAN ON GIFTS FROM LOBBYISTS. 

13 (a) IN GENERAL.—Paragraph 1(a)(2) of rule XXXV 

14 of the Standing Rules of the Senate is amended by adding 

15 at the end the following: ‘‘This clause shall not apply to 

16 a gift from a lobbyist.’’. 

17 (b) RULES COMMITTEE REVIEW.—The Committee 

18 on Rules and Administration shall review the present ex19 ceptions to the Senate gift rule and make recommenda20 tions to the Senate not later than 3 months after the date 

21 of enactment of this Act on eliminating all but those which 

22 are absolutely necessary to effectuate the purpose of the 

23 rule. 
23 

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1 SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL. 

2 Paragraph 2(a)(1) of rule XXXV of the Standing 

3 Rules of the Senate is amended by striking ‘‘an indi4 vidual’’ and inserting ‘‘an organization recognized under 

5 section 501(c)(3) of the Internal Revenue Code of 1986 

6 that is not affiliated with any group that lobbies before 

7 Congress’’. 

8 SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND 

9 PARTICIPATION IN CONGRESSIONAL TRAVEL. 

10 (a) IN GENERAL.—Paragraph 2 of rule XXXV of the 

11 Standing Rules of the Senate is amended by adding at 

12 the end the following: 

13 ‘‘(g) A Member, officer, or employee may not accept 

14 transportation or lodging on any trip sponsored by an or15 ganization recognized under section 501(c)(3) of the Inter16 nal Revenue Code of 1986 covered by this paragraph that 

17 is planned, organized, requested, arranged, or financed in 

18 whole, or in part by a lobbyist or foreign agent, or in which 

19 a lobbyist participates. 

20 ‘‘(h) Before a Member, officer, or employee may ac21 cept transportation or lodging otherwise permissible under 

22 this paragraph from any person, such Member, officer, or 

23 employee shall obtain a written certification from such 

24 person (and provide a copy of such certification to the Se25 lect Committee on Ethics) that— 
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1 ‘‘(1) the trip was not planned, organized, re2 quested, arranged, or financed in whole, or in part 

3 by a registered lobbyist or foreign agent and was not 

4 organized at the request of a registered lobbyist or 

5 foreign agent; 

6 ‘‘(2) registered lobbyists will not participate in 

7 or attend the trip; and 

8 ‘‘(3) the person did not accept, from any 

9 source, funds specifically earmarked for the purpose 

10 of financing the travel expenses. 

11 The Select Committee on Ethics shall make public infor12 mation received under this subparagraph as soon as pos13 sible after it is received.’’. 

14 (b) CONFORMING AMENDMENTS.—Paragraph 2(c) of 

15 rule XXXV of the Standing Rules of the Senate is amend16 ed— 

17 (1) by striking ‘‘of expenses reimbursed or to be 

18 reimbursed’’; 

19 (2) in clause (5), by striking ‘‘and’’ after the 

20 semicolon; 

21 (3) in clause (6), by striking the period and in22 serting ‘‘; and’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(7) a description of meetings and events at25 tended during such travel, except when disclosure of 
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1 such information is deemed by the Member or super2 visor under whose direct supervision the employee 

3 works to jeopardize the safety of an individual or 

4 otherwise interfere with the official duties of the 

5 Member, officer, or employee.’’. 

6 (c) PUBLIC AVAILABILITY.—Paragraph 2(e) of rule 

7 XXXV is amended to read as follows: 

8 ‘‘(e) The Secretary of the Senate shall make available 

9 to the public all advance authorizations, certifications, and 

10 disclosures filed pursuant to subparagraphs (a) and (h) 

11 as soon as possible after they are received.’’. 

12 SEC. 304. DISCLOSURE OF NONCOMMERCIAL AIR TRAVEL. 

13 A Member, officer, or employee of the Senate shall— 

14 (1) disclose a flight on an aircraft that is not 

15 licensed by the Federal Aviation Administration to 

16 operate for compensation or hire, taken in connec17 tion with the duties of the Member, officer, or em18 ployee as an officeholder or Senate officer or em19 ployee; and 

20 (2) with respect to the flight, file a report with 

21 the Secretary of the Senate, including the date, des22 tination, and owner or lessee of the aircraft and the 

23 purpose of the trip. 
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1 SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAV2 EL. 

3 (a) SENATE.—Rule XXXV of the Standing Rules of 

4 the Senate is amended by adding at the end the following: 

5 ‘‘7. Not later than 90 days after the date of adoption 

6 of this paragraph and at annual intervals thereafter, the 

7 Committee on Rules and Administration shall develop and 

8 revise, as necessary, guidelines on what constitutes ‘rea9 sonable expenses’ or ‘reasonable expenditures’ for pur10 poses of this rule. In developing and revising the guide11 lines, the committee shall take into account the maximum 

12 per diem rates for official Government travel published an13 nually by the General Services Administration, the De14 partment of State, and the Department of Defense.’’. 

15 TITLE IV—ENFORCEMENT OF 

16 LOBBYING RESTRICTIONS 

17 SEC. 401. SENATE OFFICE OF PUBLIC INTEGRITY. 

18 (a) ESTABLISHMENT.—There is established in the 

19 Senate an office to be known as the ‘‘Senate Office of Pub20 lic Integrity’’ (referred to in this section as the ‘‘Office’’), 

21 which shall be headed by a Senate Director of Public In22 tegrity (hereinafter referred to as the ‘‘Director’’). 

23 (b) OFFICE.—The Office shall receive lobbyists’ dis24 closures on behalf of the Senate under the Lobbying Dis25 closure Act of 1995 and conduct such audits and inves-
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1 tigations as are necessary to ensure compliance with the 

2 Act. 

3 (c) REFERRAL AUTHORITY.—The Office shall have 

4 authority to refer violations of the Lobbying Disclosure 

5 Act of 1995 to the Select Committee on Ethics and the 

6 Department of Justice for disciplinary action. 

7 (d) DIRECTOR.— 

8 (1) IN GENERAL.—The Director shall be ap9 pointed by the President pro tempore of the Senate 

10 from among recommendations submitted by the ma11 jority and minority leaders of the Senate. Any ap12 pointment made under this subsection shall be made 

13 without regard to political affiliation and solely on 

14 the basis of fitness to perform the duties of the posi15 tion. Any person appointed as Director shall be 

16 learned in the law, a member of the bar of a State 

17 or the District of Columbia, and shall not engage in 

18 any other business, vocation, or employment during 

19 the term of such appointment. 

20 (2) OVERSIGHT.—The Director shall report to 

21 a joint leadership group consisting of the President 

22 pro tempore, the Majority Leader, and the Minority 

23 Leader. 

24 (3) TERMS OF SERVICE.—Any appointment 

25 made under paragraph (1) shall become effective 
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1 upon approval by resolution of the Senate. The Di2 rector shall be appointed for a term of service which 

3 shall expire at the end of the Congress following the 

4 Congress during which the Director is appointed ex5 cept that the Senate may, by resolution, remove Di6 rector prior to the termination of any term of serv7 ice. The Director may be reappointed at the termi8 nation of any term of service. 

9 (4) COMPENSATION.—The Director shall re10 ceive compensation at a rate equal to the annual 

11 rate of basic pay for level III of the Executive 

12 Schedule under section 5314 of title 5, United 

13 States Code . 

14 (5) STAFF.—The Director shall hire such addi15 tional staff as are required to carry out this section, 

16 including investigators and accountants. 

17 (e) AUDITS AND INVESTIGATIONS.— 

18 (1) IN GENERAL.—The Office shall audit lob19 bying registrations and reports filed pursuant to the 

20 Lobbying Disclosure Act of 1995 to determine the 

21 extent of compliance or non-compliance with the re22 quirements of such Act by lobbyists and their cli23 ents. 

24 (2) EVIDENCE OF NON-COMPLIANCE.—If in the 

25 course an audit conducted pursuant to the require-
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1 ments of paragraph (1), the Office obtains informa2 tion indicating that a person or entity may be in 

3 non-compliance with the requirements of the Lob4 bying Disclosure Act of 1995, the Office shall refer 

5 the matter to the Select Committee on Ethics or the 

6 United States Attorney for the District of Columbia, 

7 as appropriate 

8 (f) TRANSFER OF RECORDS.—On the date that is 90 

9 days after the date of enactment of this Act, the Office 

10 of Public Records of the Senate shall transfer all authority 

11 and records of that office to the Senate Office of Public 

12 Integrity. 

13 (g) CONFORMING AMENDMENTS.— 

14 (1) NEW OFFICE.—Section 6 of the Lobbying 

15 Disclosure Act of 1995 (2 U.S.C. 1605) is amended 

16 by striking ‘‘Secretary of the Senate’’ and inserting 

17 ‘‘Senate Office of Public Integrity’’. 

18 (2) AUDIT AUTHORITY.—Section 8 of the Lob19 bying Disclosure Act of 1995 (2 U.S.C. 1607) is 

20 amended by striking subsection (c). 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated in a separate account 

23 such sums as are necessary to carry out this section. 
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1 SEC. 402. INCREASED CIVIL AND CRIMINAL PENALTIES FOR 

2 FAILURE TO COMPLY WITH LOBBYING DIS3 CLOSURE REQUIREMENTS. 

4 Section 7 of the Lobbying Disclosure Act of 1995 (2 

5 U.S.C. 1606) is amended— 

6 (1) by inserting ‘‘ (a) CIVIL PENALTY.—’’ be7 fore ‘‘Whoever’’; 

8 (2) by striking ‘‘$50,000’’ and inserting 

9 ‘‘$100,000’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(b) CRIMINAL PENALTY.— 

12 ‘‘(1) IN GENERAL.—Whoever knowingly and 

13 wilfully fails to comply with any provision of this 

14 section shall be imprisoned for not more than 5 

15 years, or fined under title 18, United States Code, 

16 or both. 

17 ‘‘(2) CORRUPTLY.—Whoever knowingly, 

18 wilfully, and corruptly fails to comply with any pro19 vision of this section shall be imprisoned for not 

20 more than 10 years, or fined under title 18, United 

21 States Code, or both.’’. 

22 SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNEC23 TION WITH CONGRESSIONAL TRAVEL. 

24 (a) CIVIL FINE.— 

25 (1) IN GENERAL.—Whoever makes a false cer26 tification in connection with the travel of a Member, 
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1 officer, or employee of either House of Congress 

2 (within the meaning given those terms in section 

3 207 of title 18, United States Code), under para4 graph 2(h) of rule XXXV of the Standing Rules of 

5 the Senate, shall, upon proof of such offense by a 

6 preponderance of the evidence, be subject to a civil 

7 fine depending on the extent and gravity of the vio8 lation. 

9 (2) MAXIMUM FINE.—The maximum fine per 

10 offense under this section depends on the number of 

11 separate trips in connection with which the person 

12 committed an offense under this subsection, as fol13 lows: 

14 (A) FIRST TRIP.—For each offense com15 mitted in connection with the first such trip, 

16 the amount of the fine shall be not more than 

17 $100,000 per offense. 

18 (B) SECOND TRIP.—For each offense com19 mitted in connection with the second such trip, 

20 the amount of the fine shall be not more than 

21 $300,000 per offense. 

22 (C) ANY OTHER TRIPS.—For each offense 

23 committed in connection with any such trip 

24 after the second, the amount of the fine shall 

25 be not more than $500,000 per offense. 
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1 (3) ENFORCEMENT.—The Attorney General 

2 may bring an action in United States district court 

3 to enforce this subsection. 

4 (b) CRIMINAL PENALTY.— 

5 (1) IN GENERAL.—Whoever knowingly and 

6 wilfully fails to comply with any provision of this 

7 section shall be imprisoned for not more than 5 

8 years, or fined under title 18, United States Code, 

9 or both. 

10 (2) CORRUPTLY.—Whoever knowingly, wilfully, 

11 and corruptly fails to comply with any provision of 

12 this section shall be imprisoned for not more than 

13 10 years, or fined under title 18, United States 

14 Code, or both. 

15 SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR 

16 CONGRESSIONAL EMPLOYEES. 

17 (a) ETHICS TRAINING.— 

18 (1) IN GENERAL.—The Committee on Ethics 

19 shall provide annual ethics training to each employee 

20 of the Senate which shall include knowledge of the 

21 Official Code of Conduct and related Senate rules. 

22 (2) SECRETARY OF THE SENATE.—The Sec23 retary of the Senate shall assist the Committee on 

24 Ethics in providing training required by this sub25 section. 
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1 (3) NEW EMPLOYEES.—A new employee of the 

2 Senate shall receive training under this section not 

3 later than 60 days after beginning service to the 

4 Senate. 

5 (b) CERTIFICATION.—Not later than January 31 of 

6 each year, each employee of the Senate shall file a certifi7 cation with the Committee on Ethics that the employee 

8 attended ethics training in the last year as established by 

9 this section. 

10 TITLE V—OPEN GOVERNMENT 

11 SEC. 501. SENSE OF THE SENATE ON CONFERENCE COM12 MITTEE PROTOCOLS. 

13 It is the sense of Senate that— 

14 (1) conference committees should hold regular, 

15 formal meetings of all conferees that are open to the 

16 public; 

17 (2) all conferees should be given adequate no18 tice of the time and place of all such meetings; 

19 (3) all conferees should be afforded an oppor20 tunity to participate in full and complete debates of 

21 the matters that such conference committees may 

22 recommend to their respective Houses; 

23 (4) all matters before a conference committee 

24 should be resolved in conference by votes on the pub25 lic record; and 
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1 (5) existing rules should be enforced and new 

2 rules adopted in the Senate to shine the light on 

3 special interest legislation that is enacted in the 

4 dead of night. 

5 SEC. 502. ACTUAL VOTING REQUIRED IN CONFERENCE 

6 COMMITTEE MEETINGS. 

7 Rule XXVIII of the Standing Rules of the Senate is 

8 amended by adding at the end the following: 

9 ‘‘8. Each Senate member of a conference committee 

10 shall be afforded an opportunity at an open meeting of 

11 the conference to vote on the full text of the proposed re12 port of the conference.’’. 

13 SEC. 503. AVAILABILITY OF CONFERENCE REPORTS ON 

14 THE INTERNET. 

15 Rule XXVIII of all the Standing Rules of the Senate 

16 is amended by adding at the end the following: 

17 ‘‘9. It shall not be in order in the Senate to consider 

18 a conference report unless such report is available to all 

19 Members and made available to the general public by 

20 means of the Internet for at least 24 hours before its con21 sideration.’’. 

Æ