109th CONGRESS
2d Session
H. R. 4920
To amend the Rules of the House of Representatives to reform the
ethics process, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 9, 2006
Mr. CASTLE introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committees on House Administration
and Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend the Rules of the House of Representatives to reform the
ethics process, and for other purposes.
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 `Accountability and Transparency in Ethics
Act'.
TITLE I--OUTSIDE INVESTIGATIONS COMMISSION AS SEPARATE INVESTIGATORY ARM
SEC. 101. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.
(a) ESTABLISHMENT- There is established an independent ethics commission
within the legislative branch of the Government to be known as the Investigations
Commission (in this title referred to as the `Commission').
(b) MEMBERSHIP AND CHAIR- The Commission shall consist of 7 individuals,
3 appointed by the Speaker, 3 by the minority leader of the House of Representatives,
and 1 appointed jointly by the Speaker and the minority leader and who shall
serve as chairman.
(1) SPECIFIC QUALIFICATIONS- (A) Only former Members of Congress and retired
Federal judges shall be eligible for appointment to the Commission.
(i) IN GENERAL- The term `retired judge' means any judge who has retired
from the office and is not serving as a judge pursuant to recall or
otherwise.
(ii) JUDGE- The term `judge'--
(I) means any judge of a court created by Act of Congress under article
III or article I of the United States Constitution; and
(II) includes any bankruptcy judge or magistrate judge.
(2) DISQUALIFICATIONS FOR APPOINTMENTS-
(A) LOBBYING- No individual who has been a lobbyist registered under
the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed
in, lobbying of the Congress or who is an agent of a foreign principal
registered under the Foreign Agents Registration Act within the 5-year
period immediately preceding appointment shall be eligible for appointment
to, or service on, the Commission.
(B) INCOMPATIBLE OFFICE- No member of the Commission appointed under
subsection (b) may be an elected public official or an officer or employee
of the Federal Government.
(3) VACANCIES- A vacancy on the Commission shall be filled in the manner
in which the original appointment was made.
(1) IN GENERAL- Except as provided in paragraph (2), membership on the
Commission shall be for 3 Congresses. A member of the Commission who is
appointed to a term of office shall only be eligible for appointment for
a single term of office.
(2) FIRST APPOINTMENTS- Of the members first appointed to the Commission,
2 appointed by the Speaker, 2 appointed by the minority leader, and 1
appointed jointly by them shall have a term of office of 3 Congresses,
and the other 4 shall have terms of 2 Congresses.
(e) COMPENSATION- Members of the Commission shall each be paid at a rate
equal to the rate of basic pay for level V of the Executive Schedule.
(f) QUORUM- A majority of the members of the Commission shall constitute
a quorum.
(g) MEETINGS- The Commission shall meet at the call of the chairperson or
a majority of its members.
SEC. 102. DUTIES OF COMMISSION.
The Commission is authorized--
(1) to investigate any alleged violation, by a Member, officer, or employee
of the House of Representatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his responsibilities,
and after notice and hearing (unless the right to a hearing is waived
by the Member, officer, or employee), shall report to the Committee on
Standards of Official Conduct of the House of Representatives its findings
of fact and recommendations, if any, upon the final disposition of any
such investigation, and such action as the Commission may deem appropriate
in the circumstances;
(2) to report to the appropriate Federal or State authorities, with the
approval of the House of Representatives, any substantial evidence of
a violation, by a Member, officer, or employee of the House of Representatives,
of any law applicable to the performance of his duties or the discharge
of his responsibilities, which may have been disclosed in a Commission
investigation; and
(3) adopt rules governing its procedures to afford protections to respondents
comparable those that were provided by clause 3 of rule XI of the Rules
of the House of Representatives in effect immediately before the amendments
to such rule made by section 107.
SEC. 103. 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--
(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 5 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 Government shall furnish information deemed
necessary by the panel to enable it to carry out its duties.
(d) TREATMENT OF TIE VOTES- Whenever the vote to conduct an investigation
has the same number of members voting in the affirmative as in the negative,
then the professional staff, pursuant to rules adopted by the Commission,
shall conduct a fact-finding investigation and report its findings and recommendations
to the Commission. Such report would either recommend a dismissal of the
complaint or the commencement of a formal investigation. The Commission
shall, upon receipt of the findings and recommendation, make the report
public. An affirmative vote of a majority of the members of the Commission
would be required to commence a formal investigation if the Commission determines
that the matter merits further inquiry.
SEC. 104. PROCEDURAL RULES.
(a) MAJORITY APPROVAL- No report or recommendation relating to the official
conduct of a Member, officer, or employee of the House of Representatives
shall be made by the Commission, and no investigation of such conduct shall
be undertaken by the Commission, unless approved by the affirmative vote
of a majority of the members of the Commission.
(b) INVESTIGATIONS- Except in the case of an investigation undertaken by
the Commission on its own initiative, the Commission may undertake an investigation
relating to the official conduct of an individual Member, officer, or employee
of the House of Representatives only--
(1) upon receipt of a complaint, in writing and under oath, made by or
submitted to a Member of the House of Representatives and transmitted
to the Commission by such Member, or
(2) upon receipt of a complaint, in writing and under oath, directly from
any citizen of the United States.
(c) PROHIBITION OF CERTAIN INVESTIGATIONS- No investigation shall be undertaken
by the Commission of any alleged violation of a law, rule, regulation, or
standard of conduct not in effect at the time of the alleged violation.
(d) DISCLOSURE- No information or testimony received, or the contents of
a complaint or the fact of its filing, shall be publicly disclosed by any
member of the Commission or staff of the Commission unless specifically
authorized in each instance by a vote of the Commission.
SEC. 105. STAFF OF COMMISSION.
The Commission may appoint and fix the compensation of such staff as the
Commission considers necessary to perform its duties. The director shall
be appointed jointly by the Speaker and minority leader and shall be paid
at a rate not exceed the rate of basic pay payable for Level V of the Executive
Schedule.
SEC. 106. ACTION ON HOUSE ETHICS COMMISSION RECOMMENDATIONS.
(a) PRINTING OF REPORTS IN CONGRESSIONAL RECORD- Upon receipt by the Committee
on Standards of Official Conduct of the House of Representatives of any
report of the House Ethics Commission, the chairman of the committee shall
have the report printed in the Congressional Record.
(b) COMMITTEE CONSIDERATION OF HOUSE ETHICS COMMISSION RECOMMENDATIONS-
After a report referred to in subsection (a) is printed in the Congressional
Record recommending action by the Committee on Standards of Official Conduct
of the House of Representatives respecting any alleged violation by a Member,
officer, or employee of the House of Representatives, of any law, rule,
regulation, or other standard of conduct applicable to the conduct of such
Member, officer, or employee in the performance of his duties or the discharge
of his responsibilities, the committee shall vote upon whether to dismiss
the underlying complaint, establish an adjudicatory subcommittee, or proceed
to consider the matter in the full committee.
SEC. 107. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF
THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
(a) HOUSE RULES AMENDMENTS- Clause 3 of rule XI of the Rules of the House
of Representatives is amended as follows:
(1) Paragraph (a)(2) is amended by striking the first sentence and by
inserting `before the House Ethics Commission' after `hearing' in the
second sentence.
(2)(A) Paragraph (b)(1) is amended by striking `(A)', by striking `, or,
except as provided in subparagraph (2), undertake an investigation', and
by striking subdivision (B).
(B) Paragraph (b) is further amended by striking subparagraphs (2), (3),
and (5) and by redesignating subparagraphs (4), (6), and (7) as subparagraphs
(2), (3), and (4), respectively.
(3) Strike paragraphs (k), (l), (m), and (n).
(4) Paragraph (o) is amended by striking `(1)', by striking `an investigative
subcommittee or', by striking subparagraphs (2) and (3), and by redesignating
such paragraph as paragraph (k).
(5) Strike paragraphs (p) and (q).
(b) CONFORMING AMENDMENTS- Section 803 of the Ethics Reform Act of 1989
(2 U.S.C. 29d) is amended--
(1) by striking subsection (c); and
(2) in subsection (d), by striking `an investigative subcommittee' each
place it appears and inserting `the House Ethics Commission'.
SEC. 108. EFFECTIVE DATE.
This title shall take effect immediately prior to noon on January 3, 2007.
TITLE II--BETTER ORGANIZATION OF OVERSIGHT AND ACCOUNTABILITY
SEC. 201. MANDATORY ANNUAL ETHICS TRAINING FOR MEMBERS AND HOUSE EMPLOYEES.
Clause 3 of rule XI of the Rules of the House of Representatives is amended
by adding at the end the following new paragraphs:
`(r)(1) The committee shall provide annual ethics training to each Member,
Delegate, Resident Commissioner, and employee of the House of Representatives
which shall include knowledge of the Code of Official Conduct, related House
rules, and applicable provisions of law.
`(2) A new employee of the House shall receive training under this section
not later than 30 days after beginning service to the House.
`(3) At the end of each session of Congress, the chairman of the committee
shall have printed in the Congressional Record the names of any such individuals
who failed to participate in such training during that session.
`(s)(1) The committee shall provide an 8-hour ethics training course to
persons desiring to register as lobbyists under the Lobbying Disclosure
Act of 1995 during a Congress. The committee shall issue to any person who
successfully completes such training a license to engage in lobbying activities
under that Act during that Congress. Such license shall be valid only during
that Congress. A fee shall be charged for each license in an amount determined
by the committee.
`(2) Training under subparagraph (1) shall cover information on the code
of conduct and disclosure requirements applicable to Members, officers,
and employees of the House, including rules relating to acceptance of gifts
(including travel and meals), and financial disclosure requirements under
the Ethics in Government Act of 1978.
`(3) The committee shall suspend the license of any person who commits an
offense under chapter 11 of title 18, United States Code (relating to bribery,
graft, and conflicts of interest), or who violates section 7(b) of the Lobbying
Disclosure Act of 1995 (relating to penalties for offering certain gifts).'.
SEC. 202. ETHICS COMMITTEE ADVANCED AUTHORIZATION OF TRAVEL.
Clause 5(b) of rule XXV of the Rules of the House of Representatives is
amended by inserting at the end the following new subparagraph:
`(6) Before a Member, Delegate, Resident Commissioner, officer, or employee
of the House may take a privately-funded trip--
`(A) that individual shall provide the estimated cost of the trip, the
name of the entity paying for the trip, the purpose of the trip, and the
proposed itinerary to the Committee on Standards of Official Conduct;
and
`(B) that committee issues a letter stating that the trip complies with
the applicable rules of the House.'.
SEC. 203. STRENGTHENING NONPARTISANSHIP AND PROFESSIONALISM OF THE COMMITTEE
ON STANDARDS OF OFFICIAL CONDUCT.
Clause 3(g)(1)(A) of rule XI of the Rules of the House of Representatives
is amended by inserting `and may only be removed from their positions for
cause' before the semicolon.
TITLE III--LOBBYING REFORMS
SEC. 301. TRANSFER OF FUNCTIONS UNDER LOBBYING DISCLOSURE ACT TO COMMITTEE
ON STANDARDS OF OFFICIAL CONDUCT.
(a) FILING OF REGISTRATIONS- Section 4 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1603) is amended--
(1) in subsection (a)(1), by striking `Clerk' and inserting `Committee
on Standards of Official Conduct'; and
(2) in subsection (d), by striking `Clerk' and inserting `Committee on
Standards of Official Conduct'.
(b) PENALTIES- Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1606) is amended by striking `Clerk' and inserting `Committee on Standards
of Official Conduct'.
(c) RULES OF CONSTRUCTION- Section 8(c) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1607(c)) is amended by striking `Clerk' and inserting `Committee
on Standards of Official Conduct'.
(d) 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 `Clerk'
and inserting `Committee on Standards of Official Conduct'.
SEC. 302. REGISTRATION FEES.
Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1))
is amended by adding at the end the following: `The Committee on Standards
of Official Conduct of the House of Representatives shall charge a fee for
each registration filed with the committee, in an amount determined by the
committee.'.
SEC. 303. TIMING OF REPORTS; ELECTRONIC FILING.
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
(A) in the heading, by striking `REPORT- No later than' and inserting
`AND QUARTERLY REPORTS-
`(1) FILING IN THE SENATE- No later than';
(B) by striking `and the Clerk of the House of Representatives'; and
(C) by striking the last sentence and inserting the following:
`(2) FILING IN THE HOUSE- No later than 30 days after the end of each
3-month period beginning on the first day of each calendar quarter of
each year in which a registrant is registered under section 4, each registrant
shall file a report with the Committee on Standards of Official Conduct
of the House of Representatives on its lobbying activities during that
3-month period.
`(3) SEPARATE REPORTS- A separate report under this subsection shall be
filed for each client of the registrant.'; and
(2) by adding at the end the following:
`(d) ELECTRONIC FILING- Each report filed under paragraph (2) of subsection
(a) shall be filed in electronic form, in addition to any other form that
may be required by the Committee on Standards of Official Conduct of the
House of Representatives.'.
SEC. 304. ELECTRONIC DATABASE.
Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
(1) by striking `The Secretary' and inserting `(a) IN GENERAL- The Secretary';
and
(3) by adding at the end the following:
`(b) ELECTRONIC DATABASE- The Committee on Standards of Official Conduct
of the House of Representatives 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--
`(1) includes the information contained in reports filed with the committee
under this Act; and
`(2) is searchable and sortable, at a minimum, by each of the categories
of information described in section 5(b).'.
SEC. 305. PENALTIES FOR OFFERING GIFTS.
Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is amended--
(1) by striking `Whoever' and inserting `(a) IN GENERAL- Whoever'; and
(2) by adding at the end the following:
`(b) PENALTIES FOR OFFERING CERTAIN GIFTS- Any person who is--
`(1) a lobbyist registered under this Act,
`(2) a lobbyist who is an employee of an organization registered under
this Act, or
`(3) the client of any such lobbyist or organization,
and who offers to a covered legislative branch employee who is Representative
in, or Delegate or Resident Commissioner to, the Congress, or any officer
of employee of the House of Representatives, any gift, knowing that such
gift violates the rules of the House of Representatives, shall, upon proof
thereof by a preponderance of the evidence, be subject to a civil fine of
not more than $50,000.'.
SEC. 306. REVOLVING DOOR.
Section 207(e) of title 18, United States Code, is amended--
(1) by striking paragraphs (1) through (6) and inserting the following:
`(1) PROHIBITIONS- Any person who is a covered legislative branch official
and who--
`(A) within 1 year after the date on which that person leaves office
or on which the employment of that person terminates, as the case may
be, or
`(B) before the end of the Congress during which that person leaves
office or on which the employment of that person terminates, as the
case may be,
whichever period is longer, knowingly makes, with the intent to influence,
any communication to or appearance before any of the persons described
in paragraph (2), on behalf of any other person (except the United States)
in connection with any matter which such former covered legislative branch
official 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.
`(2) PERSONS WHO MAY NOT BE CONTACTED- The persons referred to in paragraph
(1) with respect to appearances or communications by a former covered
legislative branch official are any Member, officer, or employee of either
House of Congress, and any employee of any other legislative office of
the Congress.
`(3) COVERED LEGISLATIVE BRANCH OFFICIAL- For purposes of paragraphs (1)
and (2), the term `covered legislative branch official' means any Member,
officer, or employee of either House of Congress, and any employee of
any other legislative office of the Congress.'; and
(2) by redesignating paragraph (7) as paragraph (4).
END
