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S. 2180 (109th): Honest Leadership and Open Government Act of 2006

The text of the bill below is as of Jan 20, 2006 (Introduced).


II

109th CONGRESS

2d Session

S. 2180

IN THE SENATE OF THE UNITED STATES

January 20, 2006

(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.

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.

I

Closing the revolving door

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.

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.

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).

.

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.

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:

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.

.

II

Full public disclosure of lobbying

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.

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.

.

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.

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.

.

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.

.

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,.

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).

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.

III

Restricting congressional travel and gifts

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.

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.

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.

.

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.

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.

.

IV

ENFORCEMENT OF LOBBYING RESTRICTIONS

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.

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.

.

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.

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.

V

OPEN GOVERNMENT

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.

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.

.

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.

.