[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.

____________________