[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2349 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 2349

_______________________________________________________________________

                                 AN ACT


 
      To provide greater transparency in the legislative process.

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
    TITLE I--LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2006

Sec. 101. Short title.
Sec. 102. Out of scope matters in conference reports.
Sec. 103. Earmarks.
Sec. 104. Availability of conference reports on the Internet.
Sec. 105. Elimination of floor privileges for former members, Senate 
                            officers, and Speakers of the House who are 
                            lobbyists or seek financial gain.
Sec. 106. Ban on gifts from lobbyists.
Sec. 107. Travel restrictions and disclosure.
Sec. 108. Post employment restrictions.
Sec. 109. Public disclosure by Members of Congress of employment 
                            negotiations.
Sec. 110. Prohibit official contact with spouse or immediate family 
                            member of Member who is a registered 
                            lobbyist.
Sec. 111. Influencing hiring decisions.
Sec. 112. Sense of the Senate that any applicable restrictions on 
                            Congressional branch employees should apply 
                            to the Executive and Judicial branches.
Sec. 113. Amounts of COLA adjustments not paid to certain Members of 
                            Congress.
Sec. 114. Requirement of notice of intent to proceed.
Sec. 115. Effective date.
     TITLE II--LOBBYING TRANSPARENCY AND ACCOUNTABILITY ACT OF 2006

Sec. 201. Short title.
               Subtitle A--Enhancing Lobbying Disclosure

Sec. 211. Quarterly filing of lobbying disclosure reports.
Sec. 212. Annual report on contributions.
Sec. 213. Public database of lobbying disclosure information.
Sec. 214. Disclosure by registered lobbyists of all past executive and 
                            congressional employment.
Sec. 215. Disclosure of lobbyist travel and payments.
Sec. 216. Increased penalty for failure to comply with lobbying 
                            disclosure requirements.
Sec. 217. Disclosure of lobbying activities by certain coalitions and 
                            associations.
Sec. 218. Disclosure of enforcement for noncompliance.
Sec. 219. Electronic filing of lobbying disclosure reports.
Sec. 220. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 221. Electronic filing and public database for lobbyists for 
                            foreign governments.
Sec. 222. Effective date.
              Subtitle B--Oversight of Ethics and Lobbying

Sec. 231. Comptroller General audit and annual report.
Sec. 232. Mandatory Senate ethics training for Members and staff.
Sec. 233. Sense of the Senate regarding self-regulation within the 
                            lobbying community.
Sec. 234. Annual ethics committees reports.
                 Subtitle C--Slowing the Revolving Door

Sec. 241. Amendments to restrictions on former officers, employees, and 
                            elected officials of the executive and 
                            legislative branches.
    Subtitle D--Ban on Provision of Gifts or Travel by Lobbyists in 
                   Violation of the Rules of Congress

Sec. 251. Prohibition on provision of gifts or travel by registered 
                            lobbyists to Members of Congress and to 
                            congressional employees.
Subtitle E--Commission to Strengthen Confidence in Congress Act of 2006

Sec. 261. Short title.
Sec. 262. Establishment of Commission.
Sec. 263. Purposes.
Sec. 264. Composition of Commission.
Sec. 265. Functions of Commission.
Sec. 266. Powers of Commission.
Sec. 267. Administration.
Sec. 268. Security clearances for Commission Members and staff.
Sec. 269. Commission reports; termination.
Sec. 270. Funding.

    TITLE I--LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2006

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Legislative Transparency and 
Accountability Act of 2006''.

SEC. 102. OUT OF SCOPE MATTERS IN CONFERENCE REPORTS.

    (a) In General.--A point of order may be made by any Senator 
against consideration of a conference report that includes any matter 
not committed to the conferees by either House. The point of order 
shall be made and voted on separately for each item in violation of 
this section.
    (b) Disposition.--If the point of order against a conference report 
under subsection (a) is sustained, then--
            (1) the matter in such conference report shall be deemed to 
        have been struck;
            (2) when all other points of order under this section have 
        been disposed of--
                    (A) the Senate shall proceed to consider the 
                question of whether the Senate should recede from its 
                amendment to the House bill, or its disagreement to the 
                amendment of the House, and concur with a further 
                amendment, which further amendment shall consist of 
                only that portion of the conference report not deemed 
                to have been struck;
                    (B) the question shall be debatable; and
                    (C) no further amendment shall be in order; and
            (3) if the Senate agrees to the amendment, then the bill 
        and the Senate amendment thereto shall be returned to the House 
        for its concurrence in the amendment of the Senate.
    (c) Supermajority Waiver and Appeal.--This section may be waived or 
suspended in the Senate only by an affirmative vote of \3/5\ of the 
Members, duly chosen and sworn. An affirmative vote of \3/5\ of the 
Members of the Senate, duly chosen and sworn, shall be required in the 
Senate to sustain an appeal of the ruling of the Chair on a point of 
order raised under this section.

SEC. 103. EARMARKS.

    The Standing Rules of the Senate are amended by adding at the end 
the following:

                              ``rule xliv
                               ``earmarks

    ``1. In this rule--
            ``(1) the term `earmark' means a provision that specifies 
        the identity of a non-Federal entity to receive assistance and 
        the amount of the assistance; and
            ``(2) the term `assistance' means budget authority, 
        contract authority, loan authority, and other expenditures, and 
        tax expenditures or other revenue items.
    ``2. It shall not be in order to consider any Senate bill or Senate 
amendment or conference report on any bill, including an appropriations 
bill, a revenue bill, and an authorizing bill, unless a list of--
            ``(1) all earmarks in such measure;
            ``(2) an identification of the Member or Members who 
        proposed the earmark; and
            ``(3) an explanation of the essential governmental purpose 
        for the earmark;
is available along with any joint statement of managers associated with 
the measure to all Members and made available on the Internet to the 
general public for at least 48 hours before its consideration.''.

SEC. 104. AVAILABILITY OF CONFERENCE REPORTS ON THE INTERNET.

    (a) In General.--
            (1) Amendment.--Rule XXVIII of all the Standing Rules of 
        the Senate is amended by adding at the end the following:
    ``7. It shall not be in order to consider a conference report 
unless such report is available to all Members and made available to 
the general public by means of the Internet for at least 48 hours 
before its consideration.''.
            (2) Effective date.--This subsection shall take effect 60 
        days after the date of enactment of this title.
    (b) Implementation.--Not later than 60 days after the date of 
enactment of this title, the Secretary of the Senate, in consultation 
with the Clerk of the House of Representatives, the Government Printing 
Office, and the Committee on Rules and Administration, shall develop a 
website capable of complying with the requirements of paragraph 7 of 
rule XXVIII of the Standing Rules of the Senate, as added by subsection 
(a).

SEC. 105. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, SENATE 
              OFFICERS, AND SPEAKERS OF THE HOUSE WHO ARE LOBBYISTS OR 
              SEEK FINANCIAL GAIN.

    Rule XXIII of the Standing Rules of the Senate is amended by--
            (1) inserting ``1.'' before ``Other'';
            (2) inserting after ``Ex-Senators and Senators elect'' the 
        following: ``, except as provided in paragraph 2'';
            (3) inserting after ``Ex-Secretaries and ex-Sergeants at 
        Arms of the Senate'' the following: ``, except as provided in 
        paragraph 2'';
            (4) inserting after ``Ex-Speakers of the House of 
        Representatives'' the following: ``, except as provided in 
        paragraph 2''; and
            (5) adding at the end the following:
    ``2. (a) The floor privilege provided in paragraph 1 shall not 
apply to an individual covered by this paragraph who is--
            ``(1) a registered lobbyist or agent of a foreign 
        principal; or
            ``(2) is in the employ of or represents any party or 
        organization for the purpose of influencing, directly, or 
        indirectly, the passage, defeat, or amendment of any 
        legislative proposal.
    ``(b) The Committee on Rules and Administration may promulgate 
regulations to allow individuals covered by this paragraph floor 
privileges for ceremonial functions and events designated by the 
Majority Leader and the Minority Leader.''.

SEC. 106. BAN ON GIFTS FROM LOBBYISTS.

    Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the Senate 
is amended by--
            (1) inserting ``(A)'' after ``(2)''; and
            (2) adding at the end the following:
            ``(B) This clause shall not apply to a gift from a 
        registered lobbyist or an agent of a foreign principal.''.

SEC. 107. TRAVEL RESTRICTIONS AND DISCLOSURE.

    (a) In General.--Paragraph 2 of rule XXXV of the Standing Rules of 
the Senate is amended by adding at the end the following:
    ``(f)(1) Before a Member, officer, or employee may accept 
transportation or lodging otherwise permissible under this paragraph 
from any person, other than a governmental entity, such Member, 
officer, or employee shall--
            ``(A) obtain a written certification from such person (and 
        provide a copy of such certification to the Select Committee on 
        Ethics) that--
                    ``(i) the trip was not financed in whole, or in 
                part, by a registered lobbyist or foreign agent;
                    ``(ii) the person did not accept, directly or 
                indirectly, funds from a registered lobbyist or foreign 
                agent specifically earmarked for the purpose of 
                financing the travel expenses;
                            ``(iii) the trip was not planned, 
                        organized, or arranged by or at the request of 
                        a registered lobbyist or foreign agent; and
                            ``(iv) registered lobbyists will not 
                        participate in or attend the trip;
            ``(B) provide the Select Committee on Ethics (in the case 
        of an employee, from the supervising Member or officer), in 
        writing--
                    ``(i) a detailed itinerary of the trip; and
                    ``(ii) a determination that the trip--
                            ``(I) is primarily educational (either for 
                        the invited person or for the organization 
                        sponsoring the trip);
                            ``(II) is consistent with the official 
                        duties of the Member, officer, or employee;
                            ``(III) does not create an appearance of 
                        use of public office for private gain; and
                    ``(iii) has a minimal or no recreational component; 
                and
            ``(C) obtain written approval of the trip from the Select 
        Committee on Ethics.
    ``(2) Not later than 30 days after completion of travel, approved 
under this subparagraph, the Member, officer, or employee shall file 
with the Select Committee on Ethics and the Secretary of the Senate a 
description of meetings and events attended during such travel and the 
names of any registered lobbyist who accompanied the Member, officer, 
or employee during the travel, except when disclosure of such 
information is deemed by the Member or supervisor under whose direct 
supervision the employee is employed to jeopardize the safety of an 
individual or adversely affect national security. Such information 
shall also be posted on the Member's official website not later than 30 
days after the completion of the travel, except when disclosure of such 
information is deemed by the Member to jeopardize the safety of an 
individual or adversely affect national security.''.
    (b) Disclosure of Noncommercial Air Travel.--
            (1) Rules.--Paragraph 2 of rule XXXV of the Standing Rules 
        of the Senate, as amended by subsection (a), is amended by 
        adding at the end the following:
    ``(g) A Member, officer, or employee of the Senate shall--
            ``(1) disclose a flight on an aircraft that is not licensed 
        by the Federal Aviation Administration to operate for 
        compensation or hire, excluding a flight on an aircraft owned, 
        operated, or leased by a governmental entity, taken in 
        connection with the duties of the Member, officer, or employee 
        as an officeholder or Senate officer or employee; and
            ``(2) with respect to the flight, file a report with the 
        Secretary of the Senate, including the date, destination, and 
        owner or lessee of the aircraft, the purpose of the trip, and 
        the persons on the trip, except for any person flying the 
        aircraft.''.
            (2) FECA.--Section 304(b) of the Federal Election Campaign 
        Act of 1971 (2 U.S.C. 434(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) in the case of a principal campaign committee of a 
        candidate (other than a candidate for election to the office of 
        President or Vice President), any flight taken by the candidate 
        (other than a flight designated to transport the President, 
        Vice President, or a candidate for election to the office of 
        President or Vice President) during the reporting period on an 
        aircraft that is not licensed by the Federal Aviation 
        Administration to operate for compensation or hire, together 
        with the following information:
                    ``(A) The date of the flight.
                    ``(B) The destination of the flight.
                    ``(C) The owner or lessee of the aircraft.
                    ``(D) The purpose of the flight.
                    ``(E) The persons on the flight, except for any 
                person flying the aircraft.''.
    (c) Public Availability.--Paragraph 2(e) of rule XXXV of the 
Standing Rules of the Senate is amended to read as follows:
    ``(e) The Secretary of the Senate shall make available to the 
public all disclosures filed pursuant to subparagraphs (f) and (g) as 
soon as possible after they are received and such matters shall be 
posted on the Member's official website but no later than 30 days after 
the trip or flight.''.

SEC. 108. POST EMPLOYMENT RESTRICTIONS.

    (a) In General.--Paragraph 9 of rule XXXVII of the Standing Rules 
of the Senate is amended by--
            (1) designating the first sentence as subparagraph (a);
            (2) designating the second sentence as subparagraph (b); 
        and
            (3) adding at the end the following:
    ``(c) If an employee on the staff of a Member or on the staff of a 
committee whose rate of pay is equal to or greater than 75 percent of 
the rate of pay of a Member and employed at such rate for more than 60 
days in a calendar year, upon leaving that position, becomes a 
registered lobbyist under the Lobbying Disclosure Act of 1995, or is 
employed or retained by such a registered lobbyist for the purpose of 
influencing legislation, such employee may not lobby any Member, 
officer, or employee of the Senate for a period of 1 year after leaving 
that position.''.
    (b) Effective Date.--This section shall take effect 60 days after 
the date of enactment of this title.

SEC. 109. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS OF EMPLOYMENT 
              NEGOTIATIONS.

    Rule XXXVII of the Standing Rules of the Senate is amended by 
adding at the end the following:
    ``14. A Member shall not directly negotiate or have any arrangement 
concerning prospective private employment until after the election for 
his or her successor has been held, unless such Member files a 
statement with the Secretary of the Senate, for public disclosure, 
regarding such negotiations or arrangements within 3 business days 
after the commencement of such negotiation or arrangement, including 
the name of the private entity or entities involved in such 
negotiations or arrangements, the date such negotiations or 
arrangements commenced, and must be signed by the Member.''.

SEC. 110. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR IMMEDIATE FAMILY 
              MEMBER OF MEMBER WHO IS A REGISTERED LOBBYIST.

    Rule XXXVII of the Standing Rules of the Senate is amended by--
            (1) redesignating paragraphs 10 through 12 as paragraphs 11 
        through 13, respectively; and
            (2) inserting after paragraph 9, the following:
    ``10. (a) If a Member's spouse or immediate family member is a 
registered lobbyist under the Lobbying Disclosure Act of 1995, or is 
employed or retained by such a registered lobbyist for the purpose of 
influencing legislation, the Member shall prohibit all staff employed 
by that Member (including staff in personal, committee and leadership 
offices) from having any official contact with the Member's spouse or 
immediate family member.
    ``(b) In this paragraph, the term `immediate family member' means 
the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, 
mother, father, stepmother, stepfather, mother-in-law, father-in-law, 
brother, sister, stepbrother, or stepsister of the Member.''.

SEC. 111. INFLUENCING HIRING DECISIONS.

    Rule XLIII of the Standing Rules of the Senate is amended by adding 
at the end the following:
    ``6. No Member shall, with the intent to influence on the basis of 
partisan political affiliation an employment decision or employment 
practice of any private entity--
            ``(1) take or withhold, or offer or threaten to take or 
        withhold, an official act; or
            ``(2) influence, or offer or threaten to influence the 
        official act of another.''.

SEC. 112. SENSE OF THE SENATE THAT ANY APPLICABLE RESTRICTIONS ON 
              CONGRESSIONAL BRANCH EMPLOYEES SHOULD APPLY TO THE 
              EXECUTIVE AND JUDICIAL BRANCHES.

    It is the sense of the Senate that any applicable restrictions on 
Congressional branch employees in this title should apply to the 
Executive and Judicial branches.

SEC. 113. AMOUNTS OF COLA ADJUSTMENTS NOT PAID TO CERTAIN MEMBERS OF 
              CONGRESS.

    (a) In General.--Any adjustment under section 601(a) of the 
Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to the 
cost of living adjustments for Members of Congress) shall not be paid 
to any Member of Congress who voted for any amendment (or against the 
tabling of any amendment) that provided that such adjustment would not 
be made.
    (b) Deposit in Treasury.--Any amount not paid to a Member of 
Congress under subsection (a) shall be transmitted to the Treasury for 
deposit in the appropriations account under the subheading ``medical 
services'' under the heading ``Veterans Health Administration''.
    (c) Administration.--The salary of any Member of Congress to whom 
subsection (a) applies shall be deemed to be the salary in effect after 
the application of that subsection, except that for purposes of 
determining any benefit (including any retirement or insurance 
benefit), the salary of that Member of Congress shall be deemed to be 
the salary that Member of Congress would have received, but for that 
subsection.
    (d) Effective Date.--This section shall take effect on the first 
day of the first applicable pay period beginning on or after February 
1, 2007.

SEC. 114. REQUIREMENT OF NOTICE OF INTENT TO PROCEED.

    (a) In General.--The majority and minority leaders of the Senate or 
their designees shall recognize a notice of intent of a Senator who is 
a member of their caucus to object to proceeding to a measure or matter 
only if the Senator--
            (1) submits the notice of intent in writing to the 
        appropriate leader or their designee; and
            (2) within 3 session days after the submission under 
        paragraph (1), submits for inclusion in the Congressional 
        Record and in the applicable calendar section described in 
        subsection (b) the following notice:
    ``I, Senator __, intend to object to proceeding to __, dated __.''.
    (b) Calendar.--The Secretary of the Senate shall establish for both 
the Senate Calendar of Business and the Senate Executive Calendar a 
separate section entitled ``Notices of Intent to Object to 
Proceeding''. Each section shall include the name of each Senator 
filing a notice under subsection (a)(2), the measure or matter covered 
by the calendar that the Senator objects to, and the date the objection 
was filed.
    (c) Removal.--A Senator may have an item with respect to the 
Senator removed from a calendar to which it was added under subsection 
(b) by submitting for inclusion in the Congressional Record the 
following notice:
    ``I, Senator __, do not object to proceeding to __, dated __.''.

SEC. 115. EFFECTIVE DATE.

    Except as otherwise provided in this title, this title shall take 
effect on the date of enactment of this title.

     TITLE II--LOBBYING TRANSPARENCY AND ACCOUNTABILITY ACT OF 2006

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Legislative Transparency and 
Accountability Act of 2006''.

               Subtitle A--Enhancing Lobbying Disclosure

SEC. 211. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

    (a) Quarterly Filing Required.--Section 5 of the Lobbying 
Disclosure Act of 1995 (in this title referred to as the ``Act'') (2 
U.S.C. 1604) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``Semiannual'' and inserting ``Quarterly'';
                    (B) by striking ``the semiannual period'' and all 
                that follows through ``July of each year'' and 
                inserting ``the quarterly period beginning on the 20th 
                day of January, April, July, and October of each year 
                or on the first business day after the 20th day if that 
                day is not a business day''; and
                    (C) by striking ``such semiannual period'' and 
                inserting ``such quarterly period''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``semiannual report'' and inserting 
                ``quarterly report'';
                    (B) in paragraph (2), by striking ``semiannual 
                filing period'' and inserting ``quarterly period'';
                    (C) in paragraph (3), by striking ``semiannual 
                period'' and inserting ``quarterly period''; and
                    (D) in paragraph (4), by striking ``semiannual 
                filing period'' and inserting ``quarterly period''.
    (b) Conforming Amendments.--
            (1) Definition.--Section 3(10) of the Act (2 U.S.C. 1602) 
        is amended by striking ``six month period'' and inserting 
        ``three-month period''.
            (2) Registration.--Section 4 of the Act (2 U.S.C. 1603) is 
        amended--
                    (A) in subsection (a)(3)(A), by striking 
                ``semiannual period'' and inserting ``quarterly 
                period''; and
                    (B) in subsection (b)(3)(A), by striking 
                ``semiannual period'' and inserting ``quarterly 
                period''.
            (3) Enforcement.--Section 6(a)(6) of the Act (2 U.S.C. 
        1605(6)) is amended by striking ``semiannual period'' and 
        inserting ``quarterly period''.
            (4) Estimates.--Section 15 of the Act (2 U.S.C. 1610) is 
        amended--
                    (A) in subsection (a)(1), by striking ``semiannual 
                period'' and inserting ``quarterly period''; and
                    (B) in subsection (b)(1), by striking ``semiannual 
                period'' and inserting ``quarterly period''.
            (5) Dollar amounts.--
                    (A) Registration.--Section 4 of the Act (2 U.S.C. 
                1603) is amended--
                            (i) in subsection (a)(3)(A)(i), by striking 
                        ``$5,000'' and inserting ``$2,500'';
                            (ii) in subsection (a)(3)(A)(ii), by 
                        striking ``$20,000'' and inserting ``$10,000'';
                            (iii) in subsection (b)(3)(A), by striking 
                        ``$10,000'' and inserting ``$5,000''; and
                            (iv) in subsection (b)(4), by striking 
                        ``$10,000'' and inserting ``$5,000''.
                    (B) Reports.--Section 5 of the Act (2 U.S.C. 1604) 
                is amended--
                            (i) in subsection (c)(1), by striking 
                        ``$10,000'' and ``$20,000'' and inserting 
                        ``$5,000'' and ``$10,000'', respectively; and
                            (ii) in subsection (c)(2), by striking 
                        ``$10,000'' both places such term appears and 
                        inserting ``$5,000''.

SEC. 212. ANNUAL REPORT ON CONTRIBUTIONS.

    Section 5 of the Act (2 U.S.C. 1604) is amended by adding at the 
end the following:
    ``(d) Annual Report on Contributions.--Not later than 45 days after 
the end of the quarterly period beginning on the first day of October 
of each year referred to in subsection (a), a lobbyist registered under 
section 4(a)(1), or an employee who is a lobbyist of an organization 
registered under section 4(a)(2), shall file a report with the 
Secretary of the Senate and the Clerk of the House of Representatives 
containing--
            ``(1) the name of the lobbyist;
            ``(2) the employer of the lobbyist;
            ``(3) the name of each Federal candidate or officeholder, 
        leadership PAC, or political party committee, to whom a 
        contribution equal to or exceeding $200 was made within the 
        past year, and the date and amount of such contribution; and
            ``(4) the name of each Federal candidate or officeholder, 
        leadership PAC, or political party committee for whom a 
        fundraising event was hosted, co-hosted, or otherwise 
        sponsored, within the past year, and the date and location of 
        the event.''.

SEC. 213. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

    (a) Database Required.--Section 6 of the Act (2 U.S.C. 1605) is 
amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(9) maintain, and make available to the public over the 
        Internet, without a fee or other access charge, in a 
        searchable, sortable, and downloadable manner, an electronic 
        database that--
                    ``(A) includes the information contained in 
                registrations and reports filed under this Act;
                    ``(B) directly links the information it contains to 
                the information disclosed in reports filed with the 
                Federal Election Commission under section 304 of the 
                Federal Election Campaign Act of 1971 (2 U.S.C. 434); 
                and
                    ``(C) is searchable and sortable, at a minimum, by 
                each of the categories of information described in 
                section 4(b) or 5(b).''.
    (b) Availability of Reports.--Section 6(a)(4) of the Act is amended 
by inserting before the semicolon the following: ``and, in the case of 
a report filed in electronic form under section 5(e), shall make such 
report available for public inspection over the Internet not more than 
48 hours after the report is filed''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out paragraph (9) 
of section 6(a) of the Act, as added by subsection (a).

SEC. 214. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST EXECUTIVE AND 
              CONGRESSIONAL EMPLOYMENT.

    Section 4(b)(6) of the Act (2 U.S.C. 1603) is amended by striking 
``or a covered legislative branch official'' and all that follows 
through ``as a lobbyist on behalf of the client,'' and inserting ``or a 
covered legislative branch official,''.

SEC. 215. DISCLOSURE OF LOBBYIST TRAVEL AND PAYMENTS.

    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 adding at the end the following:
            ``(5) the name of each covered legislative branch official 
        or covered executive branch official for whom the registrant 
        provided, or directed or arranged to be provided, or the 
        employee listed as a lobbyist directed or arranged to be 
        provided, any payment or reimbursements for travel and related 
        expenses in connection with the duties of such covered 
        official, including for each such official--
                    ``(A) an itemization of the payments or 
                reimbursements provided to finance the travel and 
                related expenses and to whom the payments or 
                reimbursements were made, including any payment or 
                reimbursement made with the express or implied 
                understanding or agreement that such funds will be used 
                for travel and related expenses;
                    ``(B) the purpose and final itinerary of the trip, 
                including a description of all meetings, tours, events, 
                and outings attended;
                    ``(C) the names of any registrant or individual 
                employed by the registrant who traveled on any such 
                trip;
                    ``(D) the identity of the listed sponsor or 
                sponsors of travel; and
                    ``(E) the identity of any person or entity, other 
                than the listed sponsor or sponsors of the travel, 
                which directly or indirectly provided for payment of 
                travel and related expenses at the request or 
                suggestion of the registrant or the employee;
            ``(6) the date, recipient, and amount of funds contributed 
        or disbursed by, or arranged by, a registrant or employee 
        listed as a lobbyist--
                    ``(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 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); and
            ``(7) the date, recipient, and amount of any gift (that 
        under the rules of the House of Representatives or Senate 
        counts towards the one hundred dollar cumulative annual limit 
        described in such rules) valued in excess of $20 given by a 
        registrant or employee listed as a lobbyist to a covered 
        legislative branch official or covered executive branch 
        official;
            ``(8) for each client, immediately after listing the 
        client, an identification of whether the client is a public 
        entity, including a State or local government or a department, 
        agency, special purpose district, or other instrumentality 
        controlled by a State or local government, or a private entity.
For purposes of paragraph (7), the term `gift' means a gratuity, favor, 
discount, entertainment, hospitality, loan, forbearance, or other item 
having monetary value. The term includes gifts of services, training, 
transportation, lodging, and meals, whether provided in kind, by 
purchase of a ticket, payment in advance, or reimbursement after the 
expense has been incurred. Information required by paragraph (5) shall 
be disclosed as provided in this Act not later than 30 days after the 
travel.''.

SEC. 216. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING 
              DISCLOSURE REQUIREMENTS.

    Section 7 of the Act (2 U.S.C. 1606) is amended by striking 
``$50,000'' and inserting ``$100,000''.

SEC. 217. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND 
              ASSOCIATIONS.

    (a) In General.--Section 4(b)(3)(B) of the Act (2 U.S.C. 
1603(b)(3)(B)) is amended to read as follows:
                    ``(B) participates in a substantial way in the 
                planning, supervision or control of such lobbying 
                activities;''.
    (b) No Donor or Membership List Disclosure.--Section 4(b) of the 
Act (2 U.S.C. 1603(b)) is amended by adding at the end the following:
    ``No disclosure is required under paragraph (3)(B) if it is 
publicly available knowledge that the organization that would be 
identified is affiliated with the client or has been publicly disclosed 
to have provided funding to the client, unless the organization in 
whole or in major part plans, supervises or controls such lobbying 
activities. Nothing in paragraph (3)(B) shall be construed to require 
the disclosure of any information about individuals who are members of, 
or donors to, an entity treated as a client by this Act or an 
organization identified under that paragraph.''.

SEC. 218. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.

    Section 6 of the Act (2 U.S.C. 1605) is amended--
            (1) by inserting ``(a)'' before ``The Secretary of the 
        Senate'';
            (2) in paragraph (8), by striking ``and'' at the end;
            (3) in paragraph (9), by striking the period and inserting 
        ``; and'';
            (4) after paragraph (9), by inserting the following:
            ``(10) provide to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Government Reform of the House of Representatives the aggregate 
        number of lobbyists and lobbying firms, separately accounted, 
        referred to the United States Attorney for the District of 
        Columbia for noncompliance as required by paragraph (8) on a 
        semi-annual basis''; and
            (5) by inserting at the end the following:
    ``(b) Enforcement Report.--The United States Attorney for the 
District of Columbia shall report to the Committee on Homeland Security 
and Governmental Affairs and the Committee on the Judiciary of the 
Senate and the Committee on Government Reform and the Committee on the 
Judiciary of the House of Representatives on a semi-annual basis the 
aggregate number of enforcement actions taken by the Attorney's office 
under this Act and the amount of fines, if any, by case, except that 
such report shall not include the names of individuals or personally 
identifiable information.''.

SEC. 219. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

    Section 5 of the Act (2 U.S.C. 1604) is amended by adding at the 
end the following:
    ``(e) Electronic Filing Required.--A report required to be filed 
under this section shall be filed in electronic form, in addition to 
any other form. The Secretary of the Senate and the Clerk of the House 
of Representatives shall use the same electronic software for receipt 
and recording of filings under this Act.''.

SEC. 220. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.

    (a) Definitions.--Section 3 of the Act (2 U.S.C. 1602) is amended--
            (1) in paragraph (7), by adding at the end of the 
        following: ``Lobbying activities include paid efforts to 
        stimulate grassroots lobbying, but do not include grassroots 
        lobbying.''; and
            (2) by adding at the end of 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 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 entity;
                            ``(ii) makes a contribution of more than a 
                        nominal amount of time to the entity;
                            ``(iii) is entitled to participate in the 
                        governance of the entity;
                            ``(iv) is 1 of a limited number of honorary 
                        or life members of the entity; or
                            ``(v) is an employee, officer, director or 
                        member of the entity.
            ``(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 quarterly period.''.
    (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 inserting after paragraph (3) the following:
            ``(4) Filing by grassroots lobbying firms.--Not later than 
        45 days after a grassroots lobbying firm first is retained by a 
        client to engage in paid efforts to stimulate grassroots 
        lobbying, such grassroots lobbying firm shall register with the 
        Secretary of the Senate and the Clerk of the House of 
        Representatives.''.
    (c) Separate Itemization of Paid Efforts To Stimulate Grassroots 
Lobbying.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
            (1) in paragraph (3), by--
                    (A) inserting after ``total amount of all income'' 
                the following: ``(including a separate good faith 
                estimate of the total amount of income relating 
                specifically to paid efforts to stimulate grassroots 
                lobbying and, within that amount, a good faith estimate 
                of the total amount specifically relating to paid 
                advertising)''; and
                    (B) inserting ``or a grassroots lobbying firm'' 
                after ``lobbying firm'';
            (2) in paragraph (4), by inserting after ``total expenses'' 
        the following: ``(including a good faith estimate of the total 
        amount of expenses relating specifically to paid efforts to 
        stimulate grassroots lobbying and, within that total amount, a 
        good faith estimate of the total amount specifically relating 
        to paid advertising)''; and
            (3) by adding at the end the following:
    ``Subparagraphs (B) and (C) of paragraph (2) shall not apply with 
respect to reports relating to paid efforts to stimulate grassroots 
lobbying activities.''.
    (d) 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 to read as follows:
    ``(c) Estimates of Income or Expenses.--For purposes of this 
section, the following shall apply:
            ``(1) Estimates of income or expenses shall be made as 
        follows:
                    ``(A) Estimates of amounts in excess of $10,0000 
                shall be rounded to the nearest $20,000.
                    ``(B) In the event income or expenses do not exceed 
                $10,000, the registrant shall include a statement that 
                income or expenses totaled less than $10,000 for the 
                reporting period.
            ``(2) Estimates of income or expenses relating specifically 
        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.''.

SEC. 221. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS FOR 
              FOREIGN GOVERNMENTS.

    (a) Electronic Filing.--Section 2 of the Foreign Agents 
Registration Act (22 U.S.C. 612) is amended by adding at the end the 
following new subsection:
    ``(g) Electronic Filing of Registration Statements and Updates.--A 
registration statement or update 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 Attorney General.''.
    (b) Public Database.--Section 6 of the Foreign Agents Registration 
Act (22 U.S.C. 616) is amended by adding at the end the following new 
subsection:
    ``(d) Public Database of Registration Statements and Updates.--
            ``(1) In general.--The Attorney General shall maintain, and 
        make available to the public over the Internet, without a fee 
        or other access charge, in a searchable, sortable, and 
        downloadable manner, an electronic database that--
                    ``(A) includes the information contained in 
                registration statements and updates filed under this 
                Act;
                    ``(B) directly links the information it contains to 
                the information disclosed in reports filed with the 
                Federal Election Commission under section 304 of the 
                Federal Election Campaign Act of 1971 (2 U.S.C. 434); 
                and
                    ``(C) is searchable and sortable, at a minimum, by 
                each of the categories of information described in 
                section 2(a).
            ``(2) Accountability.--Each registration statement and 
        update filed in electronic form pursuant to section 2(g) shall 
        be made available for public inspection over the internet not 
        more than 48 hours after the registration statement or update 
        is filed.''.

SEC. 222. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall take 
effect January 1, 2007.

              Subtitle B--Oversight of Ethics and Lobbying

SEC. 231. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.

    (a) Audit Required.--The Comptroller General shall audit on an 
annual basis lobbying registration and reports filed under the Lobbying 
Disclosure Act of 1995 to determine the extent of compliance or 
noncompliance with the requirements of that Act by lobbyists and their 
clients.
    (b) Annual Reports.--Not later than April 1 of each year, the 
Comptroller General shall submit to Congress a report on the review 
required by subsection (a). The report shall include the Comptroller 
General's assessment of the matters required to be emphasized by that 
subsection and any recommendations of the Comptroller General to--
            (1) improve the compliance by lobbyists with the 
        requirements of that Act; and
            (2) provide the Secretary of the Senate and the Clerk of 
        the House of Representatives with the resources and authorities 
        needed for effective oversight and enforcement of that Act.

SEC. 232. MANDATORY SENATE ETHICS TRAINING FOR MEMBERS AND STAFF.

    (a) Training Program.--The Select Committee on Ethics shall conduct 
ongoing ethics training and awareness programs for Members of the 
Senate and Senate staff.
    (b) Requirements.--The ethics training program conducted by the 
Select Committee on Ethics shall be completed by--
            (1) new Senators or staff not later than 60 days after 
        commencing service or employment; and
            (2) Senators and Senate staff serving or employed on the 
        date of enactment of this Act not later than 120 days after the 
        date of enactment of this Act.

SEC. 233. SENSE OF THE SENATE REGARDING SELF-REGULATION WITHIN THE 
              LOBBYING COMMUNITY.

    It is the sense of the Senate that the lobbying community should 
develop proposals for multiple self-regulatory organizations which 
could provide--
            (1) for the creation of standards for the organizations 
        appropriate to the type of lobbying and individuals to be 
        served;
            (2) training for the lobbying community on law, ethics, 
        reporting requirements, and disclosure requirements;
            (3) for the development of educational materials for the 
        public on how to responsibly hire a lobbyist or lobby firm;
            (4) standards regarding reasonable fees to clients;
            (5) for the creation of a third-party certification program 
        that includes ethics training; and
            (6) for disclosure of requirements to clients regarding fee 
        schedules and conflict of interest rules.

SEC. 234. ANNUAL ETHICS COMMITTEES REPORTS.

    The Committee on Standards of Official Conduct of the House of 
Representatives and the Select Committee on Ethics of the Senate shall 
each issue an annual report due no later than January 31, describing 
the following:
            (1) The number of alleged violations of Senate or House 
        rules including the number received from third parties, from 
        Members or staff within each House, or inquires raised by a 
        Member or staff of the respective House or Senate committee.
            (2) A list of the number of alleged violations that were 
        dismissed--
                    (A) for lack of subject matter jurisdiction; or
                    (B) because they failed to provide sufficient facts 
                as to any material violation of the House or Senate 
                rules beyond mere allegation or assertion.
            (3) The number of complaints in which the committee staff 
        conducted a preliminary inquiry.
            (4) The number of complaints that staff presented to the 
        committee with recommendations that the complaint be dismissed.
            (5) The number of complaints that the staff presented to 
        the committee with recommendation that the investigation 
        proceed.
            (6) The number of ongoing inquiries.
            (7) The number of complaints that the committee dismissed 
        for lack of substantial merit.
            (8) The number of private letters of admonition or public 
        letters of admonition issued.
            (9) The number of matters resulting in a disciplinary 
        sanction.

                 Subtitle C--Slowing the Revolving Door

SEC. 241. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND 
              ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE 
              BRANCHES.

    (a) Very Senior Executive Personnel.--The matter after subparagraph 
(C) in section 207(d)(1) of title 18, United States Code, is amended by 
striking ``within 1 year'' and inserting ``within 2 years''.
    (b) Restrictions on Lobbying by Members of Congress and Employees 
of Congress.--Subsection (e) of section 207 of title 18, United States 
Code, is amended--
            (1) in paragraph (1)(A), by striking ``within 1 year'' and 
        inserting ``within 2 years'';
            (2) by striking paragraphs (2) through (5) and inserting 
        the following:
            ``(2) Congressional staff.--
                    ``(A) Prohibition.--Any person who is an employee 
                of a House of Congress and who, within 1 year after 
                that person leaves office, knowingly makes, with the 
                intent to influence, any communication to or appearance 
                before any of the persons described in subparagraph 
                (B), on behalf of any other person (except the United 
                States) in connection with any matter on which such 
                former employee seeks action by a Member, officer, or 
                employee of either House of Congress, in his or her 
                official capacity, shall be punished as provided in 
                section 216 of this title.
                    ``(B) Contact persons covered.-- persons referred 
                to in subparagraph (A) with respect to appearances or 
                communications are any Member, officer, or employee of 
                the House of Congress in which the person subject to 
                subparagraph (A) was employed. This subparagraph shall 
                not apply to contacts with staff of the Secretary of 
                the Senate or the Clerk of the House of Representatives 
                regarding compliance with lobbying disclosure 
                requirements under the Lobbying Disclosure Act of 
                1995.'';
            (3) in paragraph (6)--
                    (A) by striking ``paragraphs (2), (3), and (4)'' 
                and inserting ``paragraph (2)'';
                    (B) by striking ``(A)'';
                    (C) by striking subparagraph (B); and
                    (D) by redesignating the paragraph as paragraph 
                (3); and
            (4) by redesignating paragraph (7) as paragraph (4).
    (c) Effective Date.--The amendments made by subsection (b) shall 
take effect 60 days after the date of enactment of this Act.

    Subtitle D--Ban on Provision of Gifts or Travel by Lobbyists in 
                   Violation of the Rules of Congress

SEC. 251. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED 
              LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL 
              EMPLOYEES.

    The Lobbying Disclosure Act of 1995 is amended by adding at the end 
the following:

``SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED 
              LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL 
              EMPLOYEES.

    ``(a) Prohibition.--A registered lobbyist may not knowingly make a 
gift or provide travel to a Member, Delegate, Resident Commissioner, 
officer, or employee of Congress, unless the gift or travel may be 
accepted under the rules of the House of Representatives or the Senate.
    ``(b) Penalty.--Any registered lobbyist who violates this section 
shall be subject to penalties provided in section 7.''.

Subtitle E--Commission to Strengthen Confidence in Congress Act of 2006

SEC. 261. SHORT TITLE.

    This subtitle may be cited as the ``Commission to Strengthen 
Confidence in Congress Act of 2006''.

SEC. 262. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch a commission to be 
known as the ``Commission to Strengthen Confidence in Congress'' (in 
this subtitle referred to as the ``Commission'').

SEC. 263. PURPOSES.

    The purposes of the Commission are to--
            (1) evaluate and report the effectiveness of current 
        congressional ethics requirements, if penalties are enforced 
        and sufficient, and make recommendations for new penalties;
            (2) weigh the need for improved ethical conduct with the 
        need for lawmakers to have access to expertise on public policy 
        issues;
            (3) determine whether the current system for enforcing 
        ethics rules and standards of conduct is sufficiently effective 
        and transparent;
            (4) determine whether the statutory framework governing 
        lobbying disclosure should be expanded to include additional 
        means of attempting to influence Members of Congress, senior 
        staff, and high-ranking executive branch officials;
            (5) analyze and evaluate the changes made by this Act to 
        determine whether additional changes need to be made to uphold 
        and enforce standards of ethical conduct and disclosure 
        requirements; and
            (6) investigate and report to Congress on its findings, 
        conclusions, and recommendations for reform.

SEC. 264. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) the chair and vice chair shall be selected by agreement 
        of the majority leader and minority leader of the House of 
        Representatives and the majority leader and minority leader of 
        the Senate;
            (2) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Republican Party, 1 of which is a 
        former member of the Senate;
            (3) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party, 1 of which is a 
        former member of the Senate;
            (4) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican Party, 1 of which is a former member of the House of 
        Representatives; and
            (5) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Democratic Party, 1 of which is a former member of the House of 
        Representatives.
    (b) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Five members of the 
        Commission shall be Democrats and 5 Republicans.
            (2) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer or employee of the Federal 
        Government or any State or local government.
            (3) Other qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be prominent 
        United States citizens, with national recognition and 
        significant depth of experience in professions such as 
        governmental service, government consulting, government 
        contracting, the law, higher education, historian, business, 
        public relations, and fundraising.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed on a date 3 months after the date 
        of enactment of this Act.
            (5) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairman or a majority of its members. 
Six members of the Commission shall constitute a quorum. Any vacancy in 
the Commission shall not affect its powers, but shall be filled in the 
same manner in which the original appointment was made.

SEC. 265. FUNCTIONS OF COMMISSION.

    The functions of the Commission are to submit to Congress a report 
required by this title containing such findings, conclusions, and 
recommendations as the Commission shall determine, including proposing 
organization, coordination, planning, management arrangements, 
procedures, rules and regulations--
            (1) related to section 263; or
            (2) related to any other areas the commission unanimously 
        votes to be relevant to its mandate to recommend reforms to 
        strengthen ethical safeguards in Congress.

SEC. 266. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member thereof, may, for the 
purpose of carrying out this title hold such hearings and sit and act 
at such times and places, take such testimony, receive such evidence, 
administer such oaths.
    (b) Obtaining Information.--Upon request of the Commission, the 
head of any agency or instrumentality of the Federal Government shall 
furnish information deemed necessary by the panel to enable it to carry 
out its duties.
    (c) Limit on Commission Authority.--The Commission shall not 
conduct any law enforcement investigation, function as a court of law, 
or otherwise usurp the duties and responsibilities of the ethics 
committee of the House of Representatives or the Senate.

SEC. 267. ADMINISTRATION.

    (a) Compensation.--Except as provided in subsection (b), members of 
the Commission shall receive no additional pay, allowances, or benefits 
by reason of their service on the Commission.
    (b) Travel Expenses and Per Diem.--Each member of the Commission 
shall receive travel expenses and per diem in lieu of subsistence in 
accordance with sections 5702 and 5703 of title 5, United States Code.
    (c) Staff and Support Services.--
            (1) Staff director.--
                    (A) Appointment.--The Chair (or Co-Chairs) in 
                accordance with the rules agreed upon by the Commission 
                shall appoint a staff director for the Commission.
                    (B) Compensation.--The staff director shall be paid 
                at a rate not to exceed the rate established for level 
                V of the Executive Schedule under section 5315 of title 
                5, United States Code.
            (2) Staff.--The Chair (or Co-Chairs) in accordance with the 
        rules agreed upon by the Commission shall appoint such 
        additional personnel as the Commission determines to be 
        necessary.
            (3) Applicability of civil service laws.--The staff 
        director and other members of the staff of the Commission 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.
            (4) Experts and consultants.--With the approval of the 
        Commission, the staff 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 
Commission on a nonreimbursable basis. The facilities shall serve as 
the headquarters of the Commission and shall include all necessary 
equipment and incidentals required for the proper functioning of the 
Commission.
    (e) Administrative Support Services and Other Assistance.--
            (1) In general.--Upon the request of the Commission, the 
        Architect of the Capitol and the Administrator of General 
        Services shall provide to the Commission 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 Commission such services, funds, 
        facilities, staff, and other support services as the Commission 
        may deem advisable and as may be authorized by law.
    (f) Use of Mails.--The Commission 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 Commission shall be deemed to be a committee of 
the Congress.

SEC. 268. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this title without the appropriate security clearances.

SEC. 269. COMMISSION REPORTS; TERMINATION.

    (a) Annual Reports.--The Commission shall submit--
            (1) an initial report to Congress not later than July 1, 
        2006; and
            (2) annual reports to Congress after the report required by 
        paragraph (1);
containing such findings, conclusions, and recommendations for 
corrective measures as have been agreed to by a majority of Commission 
members.
    (b) Administrative Activities.--During the 60-day period beginning 
on the date of submission of each annual report and the final report 
under this section, the Commission shall--
            (1) be available to provide testimony to committees of 
        Congress concerning such reports; and
            (2) take action to appropriately disseminate such reports.
    (c) Termination of Commission.--
            (1) Final report.--Five years after the date of enactment 
        of this Act, the Commission shall submit to Congress a final 
        report containing information described in subsection (a).
            (2) Termination.--The Commission, and all the authorities 
        of this title, shall terminate 60 days after the date on which 
        the final report is submitted under paragraph (1), and the 
        Commission may use such 60-day period for the purpose of 
        concluding its activities.

SEC. 270. FUNDING.

    There are authorized such sums as necessary to carry out this 
title.

            Passed the Senate March 29, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 2349

_______________________________________________________________________

                                 AN ACT

      To provide greater transparency in the legislative process.