[Congressional Record Volume 152, Number 5 (Wednesday, January 25, 2006)]
[Senate]
[Pages S134-S136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. COLEMAN (for himself, Mr. Nelson of Nebraska, Mr. Allard, 
        Mr. Enzi, Mr. Burns, Mr. Coburn, and Mr. Thomas):
  S. 2186. A bill to establish a commission to strengthen confidence in 
Congress; to the Committee on Rules and Administration.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of 
the bill to establish a commission to strengthen confidence in Congress 
be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2186

       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 ``Commission to Strengthen 
     Confidence in Congress Act of 2006''.

     SEC. 2. 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 Act referred to as the ``Commission'').

     SEC. 3. 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 and report minimum standards relating to 
     official travel for Members of Congress and staff;
       (4) evaluate the range of gifts given to Members of 
     Congress and staff, determine and report the effects on 
     public policy, and make recommendations for limits on gifts;
       (5) evaluate and report the effectiveness and transparency 
     of congressional disclosure laws and recommendations for 
     improvements;
       (6) assess and report the effectiveness of the ban on 
     Member of Congress and staff from lobbying their former 
     office for 1 year and make recommendations for altering the 
     time frame;
       (7) make recommendations to improve the process whereby 
     Members of Congress can earmark priorities in appropriations 
     Acts, while still preserving congressional power of the 
     purse;
       (8) evaluate the use of public and privately funded travel 
     by Members of Congress and staff, violations of Congressional 
     rules governing travel, and make recommendations on limiting 
     travel; and
       (9) investigate and report to Congress on its findings, 
     conclusions, and recommendations for reform.

     SEC. 4. 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. 5. FUNCTIONS OF COMMISSION.

       The functions of the Commission are to submit to Congress a 
     report required by this Act 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 3; 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. 6. 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 Act--
       (1) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (2) subject to subsection (b), require, by subpoena or 
     otherwise, the attendance and

[[Page S135]]

     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents, as 
     the Commission or such designated subcommittee or designated 
     member may determine advisable.
       (b) Subpoenas.--
       (1) In general.--A subpoena may be issued under this 
     subsection only--
       (A) by the agreement of the chair and the vice chair; or
       (B) by the affirmative vote of 6 members of the Commission.
       (2) Signature.--Subject to paragraph (1), subpoenas issued 
     under this subsection may be issued under the signature of 
     the chairman or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairman or by a member designated by a majority of the 
     Commission.
       (c) 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.

     SEC. 7. 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. 8. 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 Act 
     without the appropriate security clearances.

     SEC. 9. 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.--At such time as a majority of the 
     members of the Commission determines that the reasons for the 
     establishment of the Commission no longer exist, 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 Act, 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. 10. FUNDING.

       There are authorized such sums as necessary to carry out 
     this Act.
                                 ______
                                 
      By Mrs. HUTCHISON:
  S. 2193. A bill to amend the Internal Revenue Code of 1986 to 
establish fairness in the treatment of certain pension plans maintained 
by churches, and for other purposes; to the Committee on Finance.
  Mrs. HUTCHISON. Mr. President, I rise today to introduce a bill to 
fix an unfortunate application of our current pension rules on church 
pension beneficiaries.
  Church pensions are critically important compensation plans that help 
support over a million clergy members across the country in their 
retirement, particularly those who dedicated their careers to serving 
in economically disadvantaged congregations.
  Some of these plans date back to the 18th Century, and they are 
designed to ensure that our pastors and lay staff who are often paid 
lower salaries have adequate resources during their retirement years.
  Unfortunately, the Internal Revenue Code impedes the ability of 
church pensions to recognize these valuable contributions to society 
with provisions that negatively impact church plans while exempting 
other equally important plans.
  For example, Section 415(b)(1)(B) of the Code limits benefits for a 
retired church employee to 100 percent of the participant's average 
compensation for his or her highest three years.
  This limitation penalizes church employees because some church plans 
allow lower-paid employees to accrue benefits based on median salaries 
rather than their own, individual, lower compensation.
  While the Code allows exceptions to this general limitation for 
governmental and multiemployer plans, it does not allow one for church 
plans.
  The rationale for allowing an exception for governmental plans but 
not church plans cannot be reconciled when one acknowledges the 
situation in which most ministers find themselves when they retire.
  For example, ministers often live in parsonages throughout their 
careers; and they are faced with acquiring housing for the first time 
when they retire.
  Not having a significant asset in retirement, such as a house--an 
asset which could be used as collateral and security in time of need, 
leaves ministers vulnerable in their retirement years and justifies the 
need for including church pension beneficiaries in an exception to the 
general limitation.
  The Code further punishes church pensions by requiring church plans 
to pay unrelated business income taxes on investments in leveraged real 
estate, while exempting the vast majority of retirement plans from this 
very same tax.
  This unequal treatment is simply unfair, and it is time we correct 
it.
  The legislation I am introducing today would rectify this unequal 
treatment by exempting church plans from the 415(b)(1)(B) limit and the 
unrelated business income tax.
  I ask my colleagues to join me today in establishing parity for the 
beneficiaries of church pensions by supporting this necessary, long 
over-due fix to the Internal Revenue Code.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2193

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

[[Page S136]]

     SECTION 1. EXTENDING WAIVER OF DEFINED BENEFIT COMPENSATION 
                   LIMIT TO PARTICIPANTS IN CHURCH PLANS WHO ARE 
                   NOT HIGHLY COMPENSATED EMPLOYEES.

       (a) In General.--Paragraph (11) of section 415(b) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following: ``Subparagraph (B) of paragraph (1) shall not 
     apply to a plan maintained by an organization described in 
     section 3121(w)(3) except with respect to highly compensated 
     benefits. For purposes of this paragraph, the term `highly 
     compensated benefits' means any benefits accrued for an 
     employee in any year on or after the first year in which such 
     employee is a highly compensated employee (as defined in 
     section 414(q)) of the organization described in section 
     3121(w)(3). For purposes of applying paragraph (1)(B) to 
     highly compensated benefits, all benefits of the employee 
     otherwise taken into account (without regard to this 
     paragraph) shall be taken into account.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2005.

     SEC. 2. EQUALIZING TREATMENT OF RETIREMENT INCOME ACCOUNTS 
                   PROVIDED BY CHURCHES WITH RESPECT TO 
                   ACQUISITION INDEBTEDNESS.

       (a) In General.--Section 514(c)(9)(C) of the Internal 
     Revenue Code of 1986 (defining qualified organization) is 
     amended by striking ``or'' at the end of clause (ii), by 
     striking the period at the end of clause (iii) and inserting 
     ``; or'' , and by adding at the end the following:
       ``(iv) a retirement income account (as defined in section 
     403(b)(9)(B)).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.
                                 ______
                                 
      By Mr. STEVENS:
  S. 2194. A bill for the relief of Nadezda Shestakova; to the 
Committee on the Judiciary.
                                 ______
                                 
      By Mr. STEVENS:
  S. 2195. A bill for the relief of Ilya Shestakov; to the Committee on 
the Judiciary.
  Mr. STEVENS. Mr. President, I offer today two private relief bills to 
provide lawful permanent resident status to Nadezda Shestakova and her 
son, Ilya Shestakov.
  The Shestakov family has lived and worked in Anchorage, Alaska for 
more than ten years. Nadezda has now returned to Russia, and Ilya is 
attending high school in Canada, in order to avoid further immigration 
problems, and to demonstrate that they intend to be good citizens who 
live within the letter of the law.
  Nadezda's husband, Michail, is a legal immigrant working for Aleut 
Enterprise Corporation (AEC), an Alaska native corporation, and their 
youngest son is a United States citizen. Both remain in Anchorage 
awaiting the reunion of their family.
  During their time in Alaska, Michail has been an exemplary employee 
of the Aleut Corporation. As a matter of fact, it was the Aleut 
Corporation who first brought this issue to my attention, as they wish 
to support the Shestakov family in any way possible.
  The children have excelled in school, and Nadezda has remained an at-
home mother, pursuant to the terms of her original visa.
  The Shestakov family's problems began when they overstayed their visa 
due to an error by their attorney, who did not file the extension 
paperwork on their behalf, as requested.
  These are upstanding members of the Alaska community, and they should 
not be punished due to an error by their former attorney. I would like 
to see this family reunited in Alaska, so that they can continue to 
contribute positively to our community.

                          ____________________