[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5677 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 5677

               To provide for ethics and lobbying reform.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2006

 Mr. Shays (for himself and Mr. Meehan) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
to the Committees on House Administration and Rules, 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 provide for ethics and lobbying reform.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ethics and Lobbying Reform Act of 
2006''.

                 TITLE I--MISCELLANEOUS ETHICS REFORMS.

SEC. 101. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.

    (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 
(in this title referred to as the ``Act'') (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:
            ``(17) 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 or segments 
        thereof to do the same.
            ``(18) Paid efforts to stimulate grassroots lobbying.--
                    ``(A) In general.--The term `paid efforts to 
                stimulate grassroots lobbying' means any paid attempt 
                in support of lobbying contacts on behalf of a client 
                to influence the general public or segments thereof to 
                contact one or more covered legislative or executive 
                branch officials (or Congress as a whole) to urge such 
                officials (or Congress) to take specific action with 
                respect to a matter described in section 3(8)(A), 
                except that such term does not include any 
                communications by an entity directed to its members, 
                employees, officers, or shareholders.
                    ``(B) Paid attempt to influence the general public 
                or segments thereof.--The term `paid attempt to 
                influence the general public or segments thereof' does 
                not include an attempt to influence directed at less 
                than 500 members of the general public.
                    ``(C) Registrant.--For purposes of this paragraph, 
                a person or entity is a member of a registrant if the 
                person or entity--
                            ``(i) pays dues or makes a contribution of 
                        more than a nominal amount to the registrant;
                            ``(ii) makes a contribution of more than a 
                        nominal amount of time to the registrant;
                            ``(iii) is entitled to participate in the 
                        governance of the registrant;
                            ``(iv) is 1 of a limited number of honorary 
                        or life members of the registrant; or
                            ``(v) is an employee, officer, director or 
                        member of the registrant.
            ``(19) 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 $25,000 or more for such efforts 
                in any calendar quarter.''.
    (b) Registration.--Section 4(a) of the Act (2 U.S.C. 1603(a)) is 
amended--
            (1) in the flush matter at the end of paragraph (3)(A), 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.''; and
            (2) by adding after paragraph (3) the following:
            ``(4) Filing by grassroots lobbying firms.--Not later than 
        45 days after a grassroots lobbying firm is first 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)--
                    (A) by inserting ``or a grassroots lobbying firm'' 
                after ``lobbying firm''; and
                    (B) by inserting after ``total amount of all 
                income'' the following: ``(including a separate good 
                faith estimate of the total amount of income 
                specifically relating to paid efforts to stimulate 
                grassroots lobbying and, within that amount, a good 
                faith estimate of the total amount specifically 
                relating to paid advertising)'';
            (2) in paragraph (4), by inserting after ``total expenses'' 
        the following: ``(including a good faith estimate of the total 
        amount of expenses specifically relating 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
            (3) by adding at the end the following flush sentence:
``Subparagraphs (B) and (C) of paragraph (2) shall not apply with 
respect to reports relating to paid efforts to stimulate grassroots 
lobbying.''.
    (d) Good Faith Estimates and De Minimis Rules for Paid Efforts To 
Stimulate Grassroots Lobbying.--
            (1) In general.--Section 5(c) of the Act (2 U.S.C. 1604(c)) 
        is amended by adding at the end the following new paragraph:
            ``(3) Estimates of income or expenses specifically relating 
        to paid efforts to stimulate grassroots lobbying shall be made 
        as follows:
                    ``(A) Estimates of amounts in excess of $25,000 
                shall be rounded to the nearest $20,000.
                    ``(B) In the event income or expenses do not exceed 
                $25,000, the registrant shall include a statement that 
                income or expenses totaled less than $25,000 for the 
                reporting period.''.
            (2) Tax reporting.--Section 15 of the Act (2 U.S.C. 1610) 
        is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``and'' 
                        after the semicolon;
                            (ii) in paragraph (2), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(3) in lieu of using the definition of paid efforts to 
        stimulate grassroots lobbying in section 3(18), consider as 
        paid efforts to stimulate grassroots lobbying only those 
        activities that are grassroots expenditures as defined in 
        section 4911(c)(3) of the Internal Revenue Code of 1986.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking ``and'' 
                        after the semicolon;
                            (ii) in paragraph (2), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(3) in lieu of using the definition of paid efforts to 
        stimulate grassroots lobbying in section 3(18), consider as 
        paid efforts to stimulate grassroots lobbying only those 
        activities that are grassroots expenditures as defined in 
        section 4911(c)(3) of the Internal Revenue Code of 1986.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2007.

SEC. 102. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF CHARTER 
              FLIGHTS.

    (a) House of Representatives.--
            (1) In general.--Clause 5(a)(3)(A) of rule XXV of the 
        Standing Rules of the House of Representatives is amended--
                    (A) by inserting ``(1)'' after ``(A)''; and
                    (B) by adding at the end the following:
            ``(2) Market value for a flight on an aircraft that is not 
        licensed by the Federal Aviation Administration to operate for 
        compensation or hire shall be the fair market value of a 
        charter flight. The Committee on Standards of Official Conduct 
        shall make public information received under this subparagraph 
        as soon as possible after it is received.''.
            (2) Disclosure.--Clause 5 of rule XXV of the Standing Rules 
        of the House of Representatives is amended by adding at the end 
        the following:
    ``(g) A Member, officer, or employee who takes a flight described 
in paragraph (a)(3)(A)(2) shall, with respect to the flight, file a 
report with the Clerk of the House of Representatives for public 
disclosure within 10 days after the flight--
            ``(1) the date of the flight;
            ``(2) the destination of the flight and all other persons 
        on the flight, other than those operating the aircraft; and
            ``(3) the purpose of the trip.''.
    (b) Senate.--
            (1) In general.--Paragraph 1(c)(1) of rule XXXV of the 
        Standing Rules of the Senate is amended--
                    (A) by inserting ``(A)'' after ``(1)''; and
                    (B) by adding at the end the following:
            ``(B) Market value for a flight on an aircraft that is not 
        licensed by the Federal Aviation Administration to operate for 
        compensation or hire shall be the fair market value of a 
        charter flight. The Select Committee on Ethics shall make 
        public information received under this subparagraph as soon as 
        possible after it is received.''.
            (2) Disclosure.--Paragraph 1 of rule XXXV of the Standing 
        Rules of the Senate is amended by adding at the end the 
        following:
    ``(h) A Member, officer, or employee who takes a flight described 
in subparagraph (c)(1)(B) shall, with respect to the flight, file a 
report with the Secretary of the Senate for public disclosure within 10 
days after the flight--
            ``(1) the date of the flight;
            ``(2) the destination of the flight;
            ``(3) all other persons on the flight, other than those 
        operating the aircraft; and
            ``(4) the purpose of the trip.''.
    (c) Candidates.--Subparagraph (B) of section 301(8) of the Federal 
Election Campaign Act of 1971 (42 U.S.C. 431(8)(B)) is amended--
            (1) in clause (xiii), by striking ``and'' at the end;
            (2) in clause (xiv), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following :
                            ``(xv) any travel expense for a flight on 
                        an aircraft that is not licensed by the Federal 
                        Aviation Administration to operate for 
                        compensation or hire, but only if the candidate 
                        or the candidate's authorized committee or 
                        other political committee pays within 7 days 
                        after the date of the flight to the owner, 
                        lessee, or other person who provides the use of 
                        the aircraft an amount not less than the normal 
                        and usual charter fare or rental charge for a 
                        comparable commercial aircraft of appropriate 
                        size.''.

SEC. 103. GIFTS.

    Clause 5 of rule XXV of the Rules of the House of Representatives 
is amended--
            (1) in subparagraph (a)(1), by striking subdivision (B) and 
        by striking ``(A)'';
            (2) by adding at the end of subparagraph (a)(2)(A) the 
        following new sentence: ``The term `gift' also includes 
        payments or other disbursements made, or arranged to be made, 
        for a party, reception, or other event in the honor or 
        recognition of a Member, Delegate, Resident Commissioner, 
        officer, or employee that is held at a national party 
        convention.''; and
            (3) in subparagraph (a)(4)(C), by striking ``unless'' and 
        all that follows thereafter and inserting a period.

SEC. 104. PROHIBITION ON PRIVATELY FUNDED TRAVEL.

    Clause 5(b)(1)(A) of rule XXV of the Standing Rules of the House of 
Representatives is amended by inserting ``or from a nongovernmental 
organization that retains or employs registered lobbyists or agents of 
a foreign principal'' after ``foreign principal''.

SEC. 105. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION IN 
              CONGRESSIONAL TRAVEL.

    (a) In General.--Clause 5 of rule XXV of the Standing Rules of the 
House of Representatives is amended by redesignating paragraphs (e), 
(f), and (g) as paragraphs (g), (h), and (i), respectively, and by 
inserting after paragraph (d) the following:
    ``(e) A Member, Delegate, Resident Commissioner, officer, or 
employee of the House may not accept transportation or lodging on any 
trip that is planned, organized, requested, arranged, or financed in 
whole or in part by a lobbyist or agent of a foreign principal, or in 
which a lobbyist participates.
    ``(f) Before a Member, Delegate, Resident Commissioner, officer, or 
employee of the House may accept transportation or lodging otherwise 
permissible under this paragraph from any person, such individual shall 
obtain 30 days before such trip a written certification from such 
person (and provide a copy of such certification to the Committee on 
Standards of Official Conduct) that--
            ``(1) the trip was not planned, organized, requested, 
        arranged, or financed in whole, or in part by a registered 
        lobbyist or agent of a foreign principal and was not organized 
        at the request of a registered lobbyist or agent of a foreign 
        principal;
            ``(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 Committee on Standards of Official Conduct shall make public 
information received under this paragraph as soon as possible after it 
is received.''.
    (b) Conforming Amendments.--Clause 5(b)(3) of rule XXV of the Rules 
of the House of Representatives is amended--
            (1) by striking ``of expenses reimbursed or to be 
        reimbursed'';
            (2) in subdivision (E), by striking ``and'' after the 
        semicolon;
            (3) in subdivision (F), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(G) a description of meetings and events attended during 
        such travel, except when disclosure of such information is 
        deemed by the Member, or the 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, Delegate, Resident Commissioner, officer, or 
        employee.''.
    (c) Public Availability.--Subparagraph (5) of rule XXV(b) of the 
Rules of the House of Representatives is amended to read as follows:
    ``(5) The Clerk of the House shall make available to the public all 
advance authorizations, certifications, and disclosures filed pursuant 
to subparagraph (1) and subparagraph (3)(G) as soon as possible after 
they are received.''.

SEC. 106. DISCLOSURE OF LOBBYIST CONTRIBUTIONS.

    (a) In General.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is 
amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (3) by inserting after paragraph (4) the following:
            ``(5) for each registrant (and for any political committee, 
        as defined in 301(4) of the Federal Election Campaign Act of 
        1971 (2 U.S.C. 431(4)), affiliated with the registrant), and 
        for each employee listed as a lobbyist by the registrant under 
        paragraph (2)(C)--
                    ``(A) the name of each Federal candidate, 
                officeholder, or leadership PAC, or political party 
                committee, to whom a contribution was made, and the 
                date and amount of such contribution; and
                    ``(B) the name of each Federal candidate or 
                officeholder, or leadership PAC of such candidate or 
                officeholder, or political party committee, for whom a 
                fundraising event was hosted, co-hosted, or otherwise 
                sponsored, the date and location of the event, and the 
                total amount raised by the event; and
            ``(6) the date, recipient, and amount of funds contributed 
        or disbursed by, or arranged, by the registrant or an employee 
        listed as a lobbyist by the registrant under paragraph (2)(C)--
                    ``(A) to pay the costs of an event to honor or 
                recognize a covered legislative branch official or 
                covered executive branch official;
                    ``(B) to, or on behalf of, an entity that is named 
                for a covered legislative branch official or covered 
                executive branch official, or to a person or entity in 
                recognition of such official;
                    ``(C) to an entity that is established, financed, 
                maintained, or controlled by a covered legislative 
                branch official or covered executive branch official, 
                or an entity designated by such official; or
                    ``(D) to pay the costs of a meeting, retreat, 
                conference, or other similar event held by, or for the 
                benefit of, 1 or more covered legislative branch 
                officials or covered executive branch officials;
        except that this paragraph shall not apply to any payment or 
        reimbursement made from funds required to be reported under 
        section 304 of the Federal Election Campaign Act of 1971 (2 
        U.S.C. 434).''.
    (b) Conforming Amendment.--Section 3 of the Act (2 U.S.C. 1602) is 
amended by adding at the end the following new paragraph:
            ``(19) Leadership PAC.--The term `leadership PAC' means, 
        with respect to an individual holding Federal office, an 
        unauthorized political committee (as defined in the Federal 
        Election Campaign Act of 1971) which is associated with such 
        individual.''.

SEC. 107. EXTENSION OF THE POST-EMPLOYMENT RESTRICTION PERIOD.

    (a) Length of Post-Employment Restriction Period.--Section 207(e) 
of title 18, United States Code, is amended in each of paragraphs 
(1)(A), (2)(A), (3), (4)(A), and (5)(A) by striking ``1 year'' and 
inserting ``2 years.''
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of enactment of this Act, but shall not apply 
to any Member of Congress or any officer who leaves office, or to any 
employee whose employment terminates, before the date of enactment of 
this Act.

         TITLE II--ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY

SEC. 201. 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 
(in this title referred to as the ``Office'').

SEC. 202. DIRECTOR.

    (a) Appointment of Director.--(1) The head of the Office shall be 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 Director 
shall be selected and appointed without regard to political affiliation 
and solely on the basis of fitness to perform the duties of the Office.
    (2)(A) An individual is ineligible for appointment as the Director 
if the individual, within the preceding 5 years, has been a registered 
lobbyist under the Lobbying Disclosure Act of 1995 or an agent of a 
foreign principal under the Foreign Agents Registration Act of 1938, as 
amended, in a case in which the foreign principal was the government of 
a foreign country.
    (B) The Director may not have been a Member of the House of 
Representatives or a 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 office of Director 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 or her 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. 203. 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 the 
        duties, or the discharge of the responsibilities, of such 
        Member, officer, or employee;
            (3) to present a case of probable ethics violations to the 
        Committee on Standards of Official Conduct of the House of 
        Representatives or the Select Committee on Ethics of the 
        Senate;
            (4) to make recommendations to the Committee on Standards 
        of Official Conduct of the House of Representatives or the 
        Select Committee on Ethics of the Senate that the committee 
        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 the duties, or the 
        discharge of the responsibilities, of such Member, officer, or 
        employee, that 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 and the Senate, on those laws, 
        rules, regulations, or other standards;
            (6) to consider 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 Select Committee on Ethics of 
        the Senate, 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 that the Director considers necessary 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, the Director shall 
        refer that matter to the Department of Justice for 
        investigation.
            (3) General audits.--The Director may conduct general 
        audits of filings under the Lobbying Disclosure Act of 1995.

SEC. 204. 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) The Office may initiate 
an investigation under section 203(a)(2) when a complaint is filed with 
the Office by a Member of Congress or an outside complainant, or upon 
its own initiative, based on any information the Office possesses. The 
Director may not accept a complaint concerning a Member of Congress 
within 60 days before an election involving such Member.
    (2) Within 30 days after a complaint is filed under paragraph (1), 
the Director shall make an initial determination of whether the 
complaint should be dismissed or whether there are sufficient grounds 
to conduct an investigation under section 203(a)(2). The Director shall 
provide to the individual who is the subject of the complaint an 
opportunity, during that 30-day period, to challenge the complaint. If 
the Director decides to dismiss a complaint, the Director can determine 
the complaint to be frivolous.
    (3) If the Director determines that a complaint is frivolous, the 
Director may not accept any future complaint filed by the person who 
filed the complaint, and the complainant shall be required to pay for 
the costs of the Office resulting from the complaint. The Director may 
refer the matter to the Department of Justice to collect those costs.
    (4) If the Office begins an investigation under section 203(a)(2) 
on its own initiative, the Director shall make a preliminary 
determination of whether there are sufficient grounds to conduct the 
investigation. Before making that determination, the Director shall 
provide to the individual who is the subject of the investigation an 
opportunity to submit information to the Director that there are not 
sufficient grounds to conduct an investigation.
    (5) If the Director determines that there are sufficient grounds to 
conduct an investigation under section 203(a)(2)--
            (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 under section 
203(a)(2) and the Director's determination is not overruled under 
subsection (a)(5), the Director shall conduct an investigation to 
determine whether 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, that person 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 that 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 the 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 the Director concluded there were sufficient grounds to present 
the 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 Select Committee on Ethics of the Senate, 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 the 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 Select Committee on 
Ethics of the Senate 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.
    (g) Legislative days.--In this section, the term ``legislative 
days'' means all days other than those days described in section 154(b) 
of the Trade Act of 1974 (19 U.S.C. 2194(b)).

SEC. 205. 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 (in this clause referred to 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 or her duties or 
        the discharge of his or her 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 or her 
        duties or the discharge of his or her 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 or herself 
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) Clause 3 of rule XI of the Rules of the House of 
Representatives is amended--
            (A) by redesignating paragraphs (f) through (i) as 
        paragraphs (e) through (h), respectively;
            (B) by striking paragraphs (j) through (q); and
            (C) in paragraph (g), as redesignated, 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) Changes in Ethics in Government Act of 1978.--Title I of the 
Ethics in Government Act of 1978 is amended as follows:
            (1) Section 101(h) is amended by striking ``the 
        congressional ethics committees'' and inserting ``the Director 
        of the Office of Public Integrity''.
            (2) Section 103 is amended--
                    (A) in subsection (h)(1)(A)--
                            (i) in clause (i)(I), by striking ``Clerk 
                        of the House of Representatives'' and inserting 
                        ``Director of the Office of Public Integrity'';
                            (ii) in clause (i)(II), by striking 
                        ``Secretary of the Senate'' and inserting 
                        ``Director of the Office of Public Integrity'';
                            (iii) in clause (ii), by striking
                        ``1989--'' and all that follows through the end 
                        and inserting ``1989, the Director of the 
                        Office of Public Integrity; and'';
                    (B) in subsection (i), by striking ``Clerk of the 
                House of Representatives or Secretary of the Senate, as 
                the case may be'' and inserting ``Director of the 
                Office of Public Integrity'';
                    (C) by striking subsection (j) and redesignating 
                subsection (k) as subsection (j); and
                    (D) in subsection (j) (as redesignated)--
                            (i) by striking ``Clerk of the House of 
                        Representatives and Secretary of the Senate'' 
                        and inserting ``Director of the Office of 
                        Public Integrity''; and
                            (ii) by striking ``Clerk and the 
                        Secretary'' both places it appears and 
                        inserting ``Director of the Office of Public 
                        Integrity''.
            (3) Section 105 is amended--
                    (A) by striking ``Clerk of the House of 
                Representatives, and the Secretary of the Senate'' each 
                place it appears and inserting ``Director of the Office 
                of Public Integrity'';
                    (B) by striking ``Clerk or the Secretary of the 
                Senate, as the case may be'' each place it appears and 
                inserting ``Director of the Office of Public 
                Integrity'';
                    (B) by striking ``Clerk, or Secretary of the 
                Senate, as the case may be'' and inserting ``Director 
                of the Office of Public Integrity''; and
                    (D) in subsection (d)--
                            (i) by striking ``Clerk of the House of 
                        Representatives or the Secretary of the 
                        Senate'' and inserting ``Director of the Office 
                        of Public Integrity''; and
                            (ii) by striking ``Clerk or the Secretary 
                        of the Senate, as the case may be'' and 
                        inserting ``Director of the Office of Public 
                        Integrity''.
            (4) paragraph (1) of section 109 is repealed.
            (5) Section 111(2) is amended by striking ``Select 
        Committee on Ethics of the Senate and the Committee on 
        Standards of Official Conduct of the House of Representatives, 
        as appropriate,'' and inserting ``Director of the 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 
                        ``Director of the 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 
                        ``Director of the 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 ``Director of the 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 
                ``Director of the 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 ``Director of 
                the 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 
                ``Director of the 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 ``Director of the 
                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. 206. 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 Select Committee on 
Ethics of the Senate, 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. 207. 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 
Congress preceding the Congress in which the investigation would be 
undertaken unless the Office determines that the alleged violation is 
directly related to an 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. 208. 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 the Director considers 
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 Director 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 
        considers 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. 209. EXPENSES.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this title.
    (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. 210. REPORTS BY COMPTROLLER GENERAL.

    Not later than 90 days after the date of enactment of this Act, 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 this title.

SEC. 211. TRANSFER OF RECORDS.

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

SEC. 212. EFFECTIVE DATE.

    (a) In General.--Except as provided by subsection (b) and by 
section 210, this title shall take effect on January 1, 2007.
    (b) Exception.--Sections 202, 208, and 209 shall take effect on the 
date of enactment of this Act.
                                 <all>