[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[House]
[Pages 9209-9215]
[From the U.S. Government Publishing Office, www.gpo.gov]




        LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2006

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent to 
take from the Speaker's table the Senate bill (S. 2349) to provide 
greater transparency in the legislative process, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 2349

       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.

[[Page 9210]]



     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

[[Page 9211]]

     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

[[Page 9212]]

     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;

[[Page 9213]]

       ``(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

[[Page 9214]]

     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.

[[Page 9215]]

       (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.

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent to 
strike all after the enacting clause of S. 2349 and insert in lieu 
thereof the provisions of H.R. 4975 as engrossed by the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title of the Senate bill was amended so as to read: ``To provide 
greater transparency with respect to lobbying activities, to amend the 
Federal Election Campaign Act of 1971 to clarify when organizations 
described in section 527 of the Internal Revenue Code of 1986 must 
register as political committees, and for other purposes.''
  A motion to reconsider was laid on the table.
  A similar House bill (H.R. 4975) was laid on the table.

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