109th CONGRESS
2d Session
H. R. 4738
To establish a commission to strengthen confidence in Congress.
IN THE HOUSE OF REPRESENTATIVES
February 8, 2006
Mr. UDALL of Colorado introduced the following bill; which was referred
to the Committee on House Administration
A BILL
To establish a commission to strengthen confidence in Congress.
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 Members 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 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.
(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-
(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.
END
