S.Amdt. 3179

1. Adds TITLE III--OFFICE OF LOBBYING DISCLOSURE at the end of the bill

   Adds a title

   In S. 2349 · Placed on Calendar Senate

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

   Inserted: TITLE III--OFFICE OF LOBBYING DISCLOSURE

   Inserted: SEC. 301. ESTABLISHMENT OF OFFICE OF LOBBYING DISCLOSURE.

   Inserted: There is established, as an independent office within the legislative branch of the Government, the Office of Lobbying Disclosure (referred to in this title as the "Office").

   Inserted: SEC. 302. DIRECTOR.

   Inserted: (a) Appointment of Director.--The Office shall be headed by a Director who shall be appointed by agreement of the Speaker of the House of Representatives, the majority leader of the Senate, and the minority leaders of the House of Representatives and the Senate. The selection and appointment of the Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office.

   Inserted: (b) Vacancy.--A vacancy in the directorship shall be filled in the manner in which the original appointment was made.

   Inserted: (c) Term of Office.--The Director shall serve for a term of 5 years and may be reappointed.

   Inserted: (d) Removal.--

   Inserted: (1) Authority.--The Director may be removed by a majority of the appointing authority for--

   Inserted: (A) disability that substantially prevents the Director from carrying out the duties of the Director;

   Inserted: (B) inefficiency;

   Inserted: (C) neglect of duty; or

   Show 56 more inserted paragraphsShow less

   Inserted: (D) malfeasance, including a felony or conduct involving moral turpitude.

   Inserted: (2) Statement of reasons.--In removing the Director, a statement of the reasons for removal shall be provided in writing to the Director.

   Inserted: (e) Compensation.--The Director shall be compensated at the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code.

   Inserted: SEC. 303. DUTIES AND POWERS OF THE OFFICE.

   Inserted: (a) Duties.--The Office is authorized--

   Inserted: (1) to receive, monitor, and oversee reports filed by registered lobbyists under the Lobbying Disclosure Act of 1995;

   Inserted: (2) to assume all other responsibilities and authorities of the Secretary of the Senate and the Clerk of the House of Representatives under the Lobbying Disclosure Act of 1995;

   Inserted: (3) to refer to the Select Committee on Ethics of the Senate and Committee on Standard of Official Conduct of the House of Representatives, as appropriate, any information it comes across that relates to a possible violation of ethics rules or standards of the relevant body;

   Inserted: (4) to conduct periodic and random reviews and audits of reports filed with it to ensure compliance with all applicable laws and rules; and

   Inserted: (5) to provide informal guidance to registrants under the Lobbying Disclosure Act of 1995 of their responsibilities under such Act.

   Inserted: (b) Powers.--

   Inserted: (1) Obtaining information.--

   Inserted: (A) In general.--Upon request of the Office, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Director to enable the Office to carry out its duties.

   Inserted: (B) Investigation by doj.--In the event that the Office, due to failure of a person to comply with a request for information, is unable to determine whether a violation of the Lobbying Disclosure Act of 1995 has occurred, the Office may refer the matter to the Department of Justice for it to investigate whether a violation of the Act may have occurred.

   Inserted: (2) Referrals to doj.--Whenever the Director has reason to believe that a violation of the Lobbying Disclosure Act of 1995 may have occurred, he shall refer that matter to the Department of Justice for it to investigate.

   Inserted: (3) General audits.--The Director shall have the authority to conduct general audits of filings under the Lobbying Disclosure Act of 1995.

   Inserted: SEC. 304. ADMINISTRATION AND STAFF.

   Inserted: (a) Staff and Support Services.--The Director may appoint and fix the compensation of such staff as the Director considers necessary.

   Inserted: (b) Applicability of Civil Service Laws.--The Director and other members of the staff of the Office shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

   Inserted: (c) Experts and Consultants.--The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

   Inserted: (d) Physical Facilities.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable office space for the operation of the Office on a nonreimbursable basis. The facilities shall serve as the headquarters of the Office and shall include all necessary equipment and incidentals required for the proper functioning of the Office.

   Inserted: (e) Administrative Support Services and Other Assistance.--

   Inserted: (1) In general.--Upon the request of the Director, the Architect of the Capitol and the Administrator of General Services shall provide to the Director on a nonreimbursable basis such administrative support services as the Commission may request.

   Inserted: (2) Additional support.--In addition to the assistance set forth in paragraph (1), departments and agencies of the United States may provide the Director such services, funds, facilities, staff, and other support services as the Director may deem advisable and as may be authorized by law.

   Inserted: (f) Use of Mails.--The Office may use the United States mails in the same manner and

   Inserted: 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.

   Inserted: (g) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Office shall be deemed to be a committee of the Congress.

   Inserted: SEC. 305. EXPENSES.

   Inserted: (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this title.

   Inserted: (b) Financial and Administrative Services.--The Director may place orders and enter into agreements for goods and services with the head of any agency, or major organizational unit within an agency, in the legislative or executive branch of the Government in the same manner and to the same extent as agencies are authorized to do so under sections 1535 and 1536 of title 31, United States Code.

   Inserted: SEC. 306. TRANSFER OF RECORDS.

   Inserted: Not later than 90 days after the effective date of this Act, the Office of Public Records in the Senate and the Office of Clerk of the House of Representatives shall transfer all records to the Office with respect to their former duties under the Lobbying Disclosure Act of 1995.

   Inserted: SEC. 307. TRANSFER OF JURISDICTION TO OFFICE OF LOBBYING DISCLOSURE.

   Inserted: (a) Filing of Registrations.--Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended--

   Inserted: (1) in subsection (a)(1), by striking "Secretary of the Senate and the Clerk of the House of Representatives" and inserting "Office of Lobbying Disclosure"; and

   Inserted: (2) in subsection (d), by striking "Secretary of the Senate and the Clerk of the House of Representatives" and inserting "Office of Lobbying Disclosure".

   Inserted: (b) Reports by Registered Lobbyists.--Section 5(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(a)) is amended by striking "Secretary of the Senate and the Clerk of the House of Representatives" and inserting "Office of Lobbying Disclosure".

   Inserted: (c) Disclosure and Enforcement.--Section 6(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by striking "Secretary of the Senate and the Clerk of the House of Representatives" and inserting "Office of Lobbying Disclosure".

   Inserted: (d) Penalties.--Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is amended by striking "Secretary of the Senate or the Clerk of the House of Representatives" and inserting "Office of Lobbying Disclosure".

   Inserted: (e) Rules of Construction.--Section 8(c) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(c)) is amended by striking "Secretary of the Senate or the Clerk of the House of Representatives" and inserting "Office of Lobbying Disclosure".

   Inserted: (f) Estimates Based on Tax Reporting System.--Section 15(c)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1610(c)(1)) is amended by striking "Secretary of the Senate and the Clerk of the House of Representatives" and inserting "Office of Lobbying Disclosure".

   Inserted: SEC. 308. OFFICE EMPLOYEES UNDER THE CONGRESSIONAL ACCOUNTABILITY ACT.

   Inserted: Section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 3) is amended--

   Inserted: (1) in paragraph (3)--

   Inserted: (A) in subparagraph (H), by striking "or";

   Inserted: (B) in subparagraph (I), by striking the period and inserting "; or"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(J) the Office of Lobbying Disclosure."; and

   Inserted: (2) in paragraph (9), by striking "and the Office of Technology Assessment" and inserting "the Office of Technology Assessment, and the Office of Lobbying Disclosure".

   Inserted: SEC. 309. PROHIBITION ON FILING AND OTHER ASSOCIATED FEES.

   Inserted: The Office shall not--

   Inserted: (1) charge any registrant a fee for filings with the Office required under the Lobbying Disclosure Act of 1995; or

   Inserted: (2) charge such a registrant a fee for obtaining an electronic signature for such a filing.

   Inserted: SEC. 310. EFFECTIVE DATE.

   Inserted: (a) In General.--Except as provided by subsection (b), this title shall take effect on January 1, 2007.

   Inserted: (b) Exception.--Sections 302, 304, and 305 shall take effect upon the date of enactment of this Act.

   Original wording

   At the end of the bill, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed