[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4799 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 4799

 To establish the Office of Public Integrity as an independent office 
 within the legislative branch of the Government, to reduce the duties 
   of the Committee on Standards of Official Conduct of the House of 
 Representatives and the Select Committee on Ethics of the Senate, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2006

 Mr. Shays (for himself and Mr. Meehan) introduced the following bill; 
  which was referred to the Committee on House Administration, and in 
addition to the Committees on Rules and the Judiciary, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish the Office of Public Integrity as an independent office 
 within the legislative branch of the Government, to reduce the duties 
   of the Committee on Standards of Official Conduct of the House of 
 Representatives and the Select Committee on Ethics of the Senate, 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. ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY.

    There is established, as an independent office within the 
legislative branch of the Government, the Office of Public Integrity 
(hereinafter referred to as the ``Office'').

SEC. 2. DIRECTOR.

    (a) Appointment of Director.--(1) The Office shall be headed by a 
Director who shall be appointed jointly by the Speaker of the House of 
Representatives, the majority leader of the Senate, and the minority 
leaders of the House of Representatives and the Senate. The selection 
and appointment of the Director shall be without regard to political 
affiliation and solely on the basis of fitness to perform the duties of 
the Office.
    (2)(A) No individual who has been a registered lobbyist under the 
Lobbying Disclosure Act of 1995 or an agent of a foreign government 
under the Foreign Agents Registration Act within 5 years of the date of 
appointment shall be eligible for appointment as the Director.
    (B) The Director may not have been a Member of the House of 
Representatives or Senator.
    (C) The Director shall possess demonstrated integrity, 
independence, and public credibility and shall have training or 
experience in law enforcement, the judiciary, or as a member of a 
Federal, State, or local ethics enforcement agency.
    (b) Vacancy.--A vacancy in the directorship shall be filled in the 
manner in which the original appointment was made.
    (c) Term of Office.--The Director shall serve for a term of 5 years 
and may be reappointed.
    (d) Removal .--The Director may be removed by a majority of the 
appointing authority for--
            (1) disability that substantially prevents the Director 
        from carrying out his duties;
            (2) incompetence;
            (3) neglect of duty; or
            (4) malfeasance, including a felony or conduct involving 
        moral turpitude.
In removing the Director, a statement of the reasons for removal shall 
be provided in writing to the Director by the members who voted for 
removing the Director and shall be made public.
    (e) Compensation.--The Director shall be compensated at the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of title 5, United States Code.

SEC. 3. DUTIES AND POWERS OF THE OFFICE.

    (a) Duties.--The Office is authorized--
            (1) to receive, monitor, and oversee financial disclosure 
        and other reports filed by Members of Congress and officers and 
        employees of Congress under the Ethics in Government Act of 
        1978, and reports filed by registered lobbyists under the 
        Lobbying Disclosure Act of 1995;
            (2) to investigate any alleged violation, by a Member, 
        officer, or employee of the House of Representatives or the 
        Senate, of any rule or other standard of conduct applicable to 
        the conduct of such Member, officer, or employee under 
        applicable House or Senate rules in the performance of his 
        duties or the discharge of his responsibilities;
            (3) to present a case of probable ethics violations to the 
        Committee on Standards of Official Conduct of the House of 
        Representatives or the Senate Select Committee on Ethics;
            (4) to make recommendations to the Committee on Standards 
        of Official Conduct of the House of Representatives or the 
        Senate Select Committee on Ethics that it report to the 
        appropriate Federal or State authorities any substantial 
        evidence of a violation by a Member, officer, or employee of 
        the House of Representatives or the Senate of any law 
        applicable to the performance of his duties or the discharge of 
        his responsibilities, which may have been disclosed in an 
        investigation by the Office;
            (5) to provide information and informal guidance to 
        Members, officers and employees of the House of Representatives 
        and the Senate regarding any rules and other standards of 
        conduct applicable to such individuals in their official 
        capacities, and develop and carry out periodic educational 
        briefings for Members, officers, and employees of the House of 
        Representatives on those laws, rules, regulations, or other 
        standards;
            (6) to give consideration to the request of any Member, 
        officer, or employee of the House of Representatives or the 
        Senate for a formal advisory opinion or other formal ruling, 
        subject to the review of the Committee on Standards of Official 
        Conduct of the House of Representatives or the Senate Select 
        Committee on Ethics, as applicable, with respect to the general 
        propriety of any current or proposed conduct of such Member, 
        officer, or employee and, with appropriate deletions to assure 
        the privacy of the individual concerned, to publish such 
        opinion for the guidance of other Members, officers, and 
        employees of the House of Representatives or the Senate;
            (7) to conduct periodic and random reviews and audits of 
        reports filed with it to ensure compliance with all applicable 
        laws and rules; and
            (8) to provide informal guidance to registrants under the 
        Lobbying Disclosure Act of 1995 of their responsibilities under 
        such Act.
    (b) Powers.--
            (1) Obtaining information.--Upon request of the Office, the 
        head of any agency or instrumentality of the Government shall 
        furnish information deemed necessary by the Director to enable 
        the Office to carry out its duties.
            (2) Referrals to the department of justice.--Whenever the 
        Director has reason to believe that a violation of the Lobbying 
        Disclosure Act of 1995 may have occurred, he shall refer that 
        matter to the Department of Justice for it to investigate.
            (3) General audits.--The Director shall have the authority 
        to conduct general audits of filings under the Lobbying 
        Disclosure Act of 1995.

SEC. 4. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON 
              STANDARDS OF OFFICIAL CONDUCT OR THE SENATE SELECT 
              COMMITTEE ON ETHICS.

    (a) Initiation of Enforcement Matters.--(1) An investigation may be 
initiated by the filing of a complaint with the Office by a Member of 
Congress or an outside complainant, or by the Office on its own 
initiative, based on any information in its possession. The Director 
shall not accept a complaint concerning a Member of Congress within 60 
days of an election involving such Member.
    (2) In the case of a complaint that is filed, the Director shall 
within 30 days make an initial determination as to whether the 
complaint should be dismissed or whether there are sufficient grounds 
to conduct an investigation. The subject of the complaint shall be 
provided by the Director with an opportunity during the 30-day period 
to challenge the complaint. In any case where the Director decides to 
dismiss a complaint, the Director can determine the complaint to be 
frivolous.
    (3) Whenever the Director determines that a complaint is frivolous, 
the Director shall not accept any future complaint filed by that same 
person and the complainant shall be required to pay for the costs of 
the Office resulting from such complaint. The Director may refer the 
matter to the Department of Justice to collect such costs.
    (4) For any investigation conducted by the Office at its own 
initiative, the Director shall make a preliminary determination of 
whether there are sufficient grounds to conduct an investigation. 
Before making that determination, the subject of the investigation 
shall be provided by the Director with an opportunity to submit 
information to the Director that there are not sufficient grounds to 
conduct an investigation.
    (5) Whenever the Director determines that there are sufficient 
grounds to conduct an investigation--
            (A) the Director shall notify the Committee on Standards of 
        Official Conduct or the Senate Select Committee on Ethics, as 
        applicable, of this determination;
            (B) the applicable committee may overrule the determination 
        of the Director if, within 10 legislative days--
                    (i) the committee by an affirmative, roll-call vote 
                of two-thirds of the full committee votes to overrule 
                the determination of the Director;
                    (ii) the committee issues a public report detailing 
                its reasoning for overruling the Director;
                    (iii) the vote of each member of the committee on 
                such roll- call vote is included in the report; and
                    (iv) dissenting members are allowed to issue their 
                own report detailing their reasons for disagreeing with 
                the majority vote; and
            (C) if the applicable committee votes to overrule the 
        determination of the Director pursuant to subparagraph (B), the 
        Director may publish and make available to the general public a 
        report detailing the reasons that the Director concluded there 
        were sufficient grounds to conduct an investigation.
    (b) Conducting Investigations.--(1) If the Director determines that 
there are sufficient grounds to conduct an investigation and his 
determination is not overruled under subsection (a)(5), the Director 
shall conduct an investigation to determine if probable cause exists 
that a violation occurred.
    (2) As part of an investigation, the Director may--
            (A) administer oaths;
            (B) issue subpoenas;
            (C) compel the attendance of witnesses and the production 
        of papers, books, accounts, documents, and testimony; and
            (D) take the deposition of witnesses.
    (3) If a person disobeys or refuses to comply with a subpoena, or 
if a witness refuses to testify to a matter, he may be held in contempt 
of Congress.
    (c) Presentation of Case to House Committee on Standards of 
Official Conduct or Senate Select Committee on Ethics.--(1) If the 
Director determines, upon conclusion of an investigation, that probable 
cause exists that an ethics violation has occurred, the Director shall 
notify the Committee on Standards of Official Conduct of the House of 
Representatives or the Senate Select Committee on Ethics, as 
applicable, of this determination.
    (2) The applicable committee may overrule the determination of the 
Director if, within 10 legislative days--
            (A) the committee by an affirmative, roll-call vote of two-
        thirds of the full committee votes to overrule the 
        determination of the Director;
            (B) the committee issues a public report detailing its 
        reasoning for overruling the Director;
            (C) the vote of each member of the committee on such roll-
        call vote is included in the report; and
            (D) dissenting members are allowed to issue their own 
        report detailing their reasons for disagreeing with the 
        majority vote.
    (3) If the applicable committee votes to overrule the determination 
of the Director pursuant to paragraph (2), the Director may publish and 
make available to the general public a report detailing the reasons 
that he concluded there were sufficient grounds to present such case to 
the committee.
    (4)(A) If the Director determines there is probable cause that an 
ethics violation has occurred and the Director's determination is not 
overruled, the Director shall present the case and evidence to the 
Committee on Standards of Official Conduct of the House of 
Representatives or the Senate Select Committee on Ethics, as 
applicable, to hear and make a determination pursuant to its rules.
    (B) The applicable committee shall vote upon whether the individual 
who is the subject of the investigation has violated any rules or other 
standards of conduct applicable to that individual in his official 
capacity. Such votes shall be a roll-call vote of the full committee, a 
quorum being present. The committee shall issue a public report which 
shall include the vote of each member of the committee on such roll-
call vote. Dissenting members may issue their own report detailing 
their own reasons for disagreeing with the majority vote.
    (f) Sanctions.--Whenever the Committee on Standards of Official 
Conduct of the House of Representatives or the Senate Select Committee 
on Ethics finds that an ethics violation has occurred, the Director 
shall recommend appropriate sanctions to the committee and whether a 
matter should be referred to the Department of Justice for 
investigation.

SEC. 5. CHANGES IN EXISTING LAW AND IN THE RULES OF THE HOUSE OF 
              REPRESENTATIVES.

    (a) Rules of the House.--(1) Paragraphs (a) through (e) of clause 3 
of rule XI of the Rules of the House of Representatives are amended to 
read as follows:
    ``(a) The Committee on Standards of Official Conduct has the 
following functions:
            ``(1) The committee may recommend to the House from time to 
        time such administrative actions as it may consider appropriate 
        to establish or enforce standards of official conduct for 
        Members, Delegates, the Resident Commissioner, officers, and 
        employees of the House. A letter of reproval or other 
        administrative action of the committee pursuant to an 
        investigation by the Office of Public Integrity referred to in 
        subparagraph (2) shall only be issued or implemented as a part 
        of a report required by such subparagraph.
            ``(2) The committee may hear, in an adjudicatory capacity, 
        a case presented to it by the Director of the Office of Public 
        Integrity (hereinafter referred to in this clause as the 
        `Director') of an alleged violation by a Member, Delegate, 
        Resident Commissioner, officer, or employee of the House of the 
        Code of Official Conduct or of a rule or other standard of 
        conduct applicable to the conduct of such Member, Delegate, 
        Resident Commissioner, officer, or employee in the performance 
        of his duties or the discharge of his responsibilities. After 
        notice and hearing (unless the right to such a hearing is 
        waived by the Member, Delegate, Resident Commissioner, officer, 
        or employee), the committee shall report to the House its 
        findings of fact and recommendations, if any, for the final 
        disposition of any such investigation and such action as the 
        committee may consider appropriate in the circumstances.
            ``(3) After the Director determines that there are 
        sufficient grounds to pursue an investigation of any individual 
        referred to in subparagraph (2) or that there is probable cause 
        to believe that a violation has occurred, the committee may 
        overrule this determination by a two-thirds vote of the 
        committee within 10 legislative days after being so notified by 
        the Director. Any such vote shall be recorded and made 
        available to the public. If the committee reverses the 
        Director's determination to proceed with the case, then the 
        committee shall file in a timely manner a report to the House 
        and made available to the general public explaining its 
        decision. Committee members who voted against reversing the 
        Director's determination may file their own public reports on 
        the matter.
            ``(4) The committee may report to the appropriate Federal 
        or State authorities, either with the approval of the House or 
        by an affirmative vote of a majority of the members of the 
        committee, any substantial evidence of a violation by a Member, 
        Delegate, Resident Commissioner, officer, or employee of the 
        House, of a law applicable to the performance of his duties or 
        the discharge of his responsibilities that may have been 
        disclosed to the committee by the Director as the result of an 
        investigation.
    ``(b)(1) Unless approved by an affirmative vote of a majority of 
its members, the Committee on Standards of Official Conduct may not 
report a resolution, report,or recommendation relating to the official 
conduct of a Member, Delegate, Resident Commissioner, officer, or 
employee of the House.
    ``(2) A member of the committee shall be ineligible to participate 
as a member of the committee in a committee proceeding relating to the 
member's official conduct. Whenever a member of the committee is 
ineligible to act as a member of the committee under the preceding 
sentence, the Speaker shall designate a Member, Delegate, or Resident 
Commissioner from the same political party as the ineligible member to 
act in any proceeding of the committee relating to that conduct.
    ``(3) A member of the committee may disqualify himself from 
participating in an investigation of the conduct of a Member, Delegate, 
Resident Commissioner, officer, or employee of the House upon the 
submission in writing and under oath of an affidavit of 
disqualification stating that the member cannot render an impartial and 
unbiased decision in the case in which the member seeks to be 
disqualified. If the committee approves and accepts such affidavit of 
disqualification, the chairman shall so notify the Speaker and request 
the Speaker to designate a Member, Delegate, or Resident Commissioner 
from the same political party as the disqualifying member to act in any 
proceeding of the committee relating to that case.
    ``(4) Information or testimony received, or the contents of a 
complaint or the fact of its filing, may not be publicly disclosed by 
any committee or staff member unless specifically authorized in each 
instance by a vote of the full committee.
    ``(c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of 
the Committee on Standards of Official Conduct or a subcommittee 
thereof shall occur in executive session unless the committee or 
subcommittee, by an affirmative vote of a majority of its members, 
opens the meeting to the public.
    ``(2) Notwithstanding clause 2(g)(2) of rule XI, each adjudicatory 
hearing of the Committee on Standards of Official Conduct shall be held 
in open session unless the committee, in open session by an affirmative 
vote of a majority of its members, closes all or part of the remainder 
of the hearing on that day to the public.
    ``(d) Before a member, officer, or employee of the Committee on 
Standards of Official Conduct may have access to information that is 
confidential under the rules of the committee, the following oath (or 
affirmation) shall be executed:
            ```I do solemnly swear (or affirm) that I will not 
        disclose, to any person or entity outside the Committee on 
        Standards of Official Conduct, any information received in the 
        course of my service with the committee, except as authorized 
        by the committee or in accordance with its rules.'.
Copies of the executed oath shall be retained by the Clerk as part of 
the records of the House. This paragraph establishes a standard of 
conduct within the meaning of paragraph (a)(2). Breaches of 
confidentiality shall be investigated by the Committee on Standards of 
Official Conduct and appropriate action shall be taken.''.
    (2) Paragraphs (f) through (q) of clause 3 of rule XI of the Rules 
of the House of Representatives is amended by redesignating paragraphs 
(f) through (i) as paragraphs (e) through (h), respectively, and by 
striking paragraphs (j) through (q), and in redesignated paragraph (g) 
by striking ``any hearing held by an adjudicatory subcommittee or'' 
both places it appears.
    (3) Clause 5(a)(4) of rule X of the Rules of the House of 
Representatives is repealed.

    (b) Standing Rules of the Senate.--[Language to be inserted by the 
Senate.]

    (c) Changes in Ethics in Government Act of 1978.--(1) The following 
provisions of the Ethics in Government Act of 1978 are each amended as 
follows:
            (A) In section 101(h), strike ``the congressional ethics 
        committees'' and insert ``the Director of the Office of Public 
        Integrity''.
            (B) In section 103(h)(1)(A), strike ``Clerk of the House of 
        Representatives'' each place it appears and insert ``Director 
        of the Office of Public Integrity''.
            (C) In section 103(h)(1)(A), strike ``Secretary of the 
        Senate'' each place it appears and insert ``Director of the 
        Office of Public Integrity''.
            (D) In section 103(i), strike ``Clerk of the House of 
        Representatives or Secretary of the Senate, as the case may 
        be'' and insert ``Director of the Office of Public Integrity''.
            (E) In section 103, strike subsection (j) and redesignate 
        subsection (k) as subsection (j).
            (F) In subsection (j) (as redesignated), strike ``Clerk of 
        the House of Representatives and Secretary of the Senate'' and 
        insert ``Director of the Office of Public Integrity'' and 
        strike ``Clerk and the Secretary'' both places it appears and 
        insert ``Director of the Office of Public Integrity''.
            (G) In section 105, strike ``Clerk of the House of 
        Representatives, and the Secretary of the Senate'' each place 
        it appears and insert ``Director of the Office of Public 
        Integrity''.
            (H) In section 105, strike ``Clerk or the Secretary of the 
        Senate, as the case may be'' each place it appears and insert 
        ``Director of the Office of Public Integrity''.
            (I) In section 105, strike ``Clerk, or Secretary of the 
        Senate, as the case may be'' and insert ``Director of the 
        Office of Public Integrity''.
            (J) In section 105(d), strike ``Clerk of the House of 
        Representatives or the Secretary of the Senate'' and insert 
        ``Director of the Office of Public Integrity''.
            (K) In section 109, strike paragraph (1) and redesignate 
        the succeeding paragraphs accordingly.
            (L) In paragraph (2) of section 111, strike ``Select 
        Committee on Ethics of the Senate and the Committee on 
        Standards of Official Conduct of the House of Representatives, 
        as appropriate,'' and insert ``Director of the Office of Public 
        Integrity''.
    (2) Section 803 of the Ethics Reform Act of 1989 (2 U.S.C 29d) is 
amended by striking ``Committee on Standards of Official Conduct'' and 
inserting ``Office of Public Integrity''.
    (d) Changes in Lobbying Disclosure Act of 1995.--
            (1) Transfer of Jurisdiction to Office of Public 
        Integrity.--
                    (A) Filing of registrations.--Section 4 of the 
                Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 
                amended--
                            (i) in subsection (a)(1), by striking 
                        ``Secretary of the Senate and the Clerk of the 
                        House of Representatives'' and inserting 
                        ``Office of Public Integrity''; and
                            (ii) in subsection (d), by striking 
                        ``Secretary of the Senate and the Clerk of the 
                        House of Representatives'' and inserting 
                        ``Office of Public Integrity''.
                    (B) Reports by registered lobbyists.--Section 5(a) 
                of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
                1604(a)) is amended by striking ``Secretary of the 
                Senate and the Clerk of the House of Representatives'' 
                and inserting ``Office of Public Integrity''.
                    (C) Disclosure and enforcement.--Section 6 of the 
                Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is 
                amended by striking ``Secretary of the Senate and the 
                Clerk of the House of Representatives'' and inserting 
                ``Office of Public Integrity''.
                    (D) Penalties.--Section 7 of the Lobbying 
                Disclosure Act of 1995 (2 U.S.C. 1606) is amended by 
                striking ``Secretary of the Senate or the Clerk of the 
                House of Representatives'' and inserting ``Office of 
                Public Integrity''.
                    (E) Rules of construction.--Section 8(c) of the 
                Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(c)) is 
                amended by striking ``Secretary of the Senate or the 
                Clerk of the House of Representatives'' and inserting 
                ``Office of Public Integrity''.
                    (F) Estimates based on tax reporting system.--
                Section 15(c)(1) of the Lobbying Disclosure Act of 1995 
                (2 U.S.C. 1610(c)(1)) is amended by striking 
                ``Secretary of the Senate and the Clerk of the House of 
                Representatives'' and inserting ``Office of Public 
                Integrity''.
            (2) Filing in electronic form.--
                    (A) Registrations.--Section 4 of the Lobbying 
                Disclosure Act of 1995 (2 U.S.C. 1603) is amended by 
                adding at the end the following:
    ``(e) Filing in Electronic Form.--A registration 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 Office of Public 
Integrity.''.
                    (B) 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) Filing in Electronic Form.--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 Office of Public Integrity. 
The Office shall make such filings available to the public on the 
Internet in a searchable database.''.

SEC. 6. FORMAL ADVISORY OPINIONS AND INTERPRETATIONS.

    The Office shall have the authority to provide formal advisory 
opinions and interpretations of rules and other standards of conduct 
applicable to Members, officers, and employees of the House of 
Representatives and the Senate. The Committee on Standards of Official 
Conduct of the House of Representatives or the Senate Select Committee 
on Ethics, by a two-thirds vote of the full committee may revise or 
overturn any such formal ruling by the Office that is applicable to the 
Members, officers, and employees of that House of Congress. Any such 
vote shall be recorded and made publicly available, and shall be 
accompanied by a written explanation for that action. Dissenting 
members are allowed to issue their own report detailing reasons for 
disagreeing with the majority vote.

SEC. 7. PROCEDURAL RULES.

    (a) Prohibition of Certain Investigations.--No investigation shall 
be undertaken by the Office of any alleged violation of a law, rule, 
regulation, or standard of conduct not in effect at the time of the 
alleged violation; nor shall any investigation be undertaken by the 
Office of any alleged violation which occurred before the third 
previous Congress unless the Office determines that the alleged 
violation is directly related to any alleged violation which occurred 
in a more recent Congress.
    (b) Disclosure.--Information or testimony received, or the contents 
of a complaint or the fact of its filing, may be publicly disclosed by 
the Director or by the staff of the Office only if authorized by the 
Director.

SEC. 8. ADMINISTRATION.

    (a) Staff and Support Services.--The Director may appoint and fix 
the compensation of such staff as the Director considers necessary, 
including deputy directors for ethics matters relating to the House of 
Representatives and to the Senate, a general counsel, and such 
investigators, auditors, and other staff as he deems necessary.
    (b) Applicability of Civil Service Laws.--The Director and other 
members of the staff of the Office shall be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and shall be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates.
    (c) Experts and Consultants.--The Director may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (d) Physical Facilities.--The Architect of the Capitol, in 
consultation with the appropriate entities in the legislative branch, 
shall locate and provide suitable office space for the operation of the 
Office on a nonreimbursable basis. The facilities shall serve as the 
headquarters of the Office and shall include all necessary equipment 
and incidentals required for the proper functioning of the Office.
    (e) Administrative Support Services and Other Assistance.--
            (1) In general.--Upon the request of the Director, the 
        Architect of the Capitol and the Administrator of General 
        Services shall provide to the Director on a nonreimbursable 
        basis such administrative support services as the Commission 
        may request.
            (2) Additional support.--In addition to the assistance set 
        forth in paragraph (1), departments and agencies of the United 
        States may provide the Director such services, funds, 
        facilities, staff, and other support services as the Director 
        may deem advisable and as may be authorized by law.
    (f) Use of Mails.--The Office may use the United States mails in 
the same manner and under the same conditions as Federal agencies and 
shall, for purposes of the frank, be considered a commission of 
Congress as described in section 3215 of title 39, United States Code.
    (g) Printing.--For purposes of costs relating to printing and 
binding, including the cost of personnel detailed from the Government 
Printing Office, the Office shall be deemed to be a committee of the 
Congress.

SEC. 9. EXPENSES.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this Act.
    (b) Financial and Administrative Services.--The Director may place 
orders and enter into agreements for goods and services with the head 
of any agency, or major organizational unit within an agency, in the 
legislative or executive branch of the Government in the same manner 
and to the same extent as agencies are authorized to do so under 
sections 1535 and 1536 of title 31, United States Code.
    (c) Witness Fees and Allowances.--Witnesses before the Office shall 
be paid the same fee and mileage allowances as are paid subpoenaed 
witnesses in the courts of the United States.

SEC. 10. REPORTS BY COMPTROLLER GENERAL.

    Not later than 90 days after the date of enactment, and at the 
close of the 110th Congress and at the close of each Congress 
thereafter, the Comptroller General shall submit a report to each House 
of Congress of the level of funding necessary for the Office to 
effectively carry out its duties under the Act.

SEC. 11. TRANSFER OF RECORDS.

    Ninety days after the effective date of this Act, the Office of 
Public Records in the Senate and the Office of Clerk of the House of 
Representatives shall transfer all records to the Office with respect 
to their former duties under the Lobbying Disclosure Act of 1995 and 
the Ethics in Government Act of 1978.

SEC. 12. EFFECTIVE DATE.

    (a) In General.--Except as provided by subsection (b) and by 
section 10, this Act shall take effect on January 1, 2007.
    (b) Exception.--Sections 2, 8, and 9 shall take effect upon the 
date of enactment of this Act.
                                 <all>