To provide additional transparency in the legislative process.

SA 2932. Mr. REID proposed an amendment to the bill S. 2349, to
provide greater transparency in the legislative process; as follows:

Add at the end of the bill add the following:

TITLE III--ADDITIONAL TRANSPARENCY AND ENFORCEMENT

SEC. 301. 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 shall not negotiate or
have any arrangement concerning prospective private
employment if a conflict of interest or the appearance of a
conflict of interest exists.
``(b)(1) 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.
``(2) The disclosure and notification under this
subparagraph shall be made within 3 business days after the
commencement of such negotiation or arrangement.
``(3) An employee to whom this subparagraph 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.
``(c)(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).''.
(b) Application.--This section shall apply in lieu of
section 109 of this Act.

SEC. 302. 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. 303. 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

[[Page S1849]]

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.''.

SEC. 304. 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.
(c) Application.--This section shall apply in lieu of
section 106 of this Act.

SEC. 305. 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. 306. 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.''.
(d) Application.--The provisions of this section shall
apply in addition to the requirements of section 107(a).

SEC. 307. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.

(a) In General.--Section 5(b) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1604(b)) is amended by adding at the
end the following:
``(8) 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) 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.

SEC. 308. 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. 309. INCREASED 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''; and
(2) by adding at the end the following:
``(b) Criminal Penalty.--
``(1) In general.--Whoever knowingly and willfully 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, willfully, 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. 310. 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. 311. 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.''.

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