109th CONGRESS
2d Session
H. R. 5677
To provide for ethics and lobbying reform.
IN THE HOUSE OF REPRESENTATIVES
June 22, 2006
Mr. SHAYS (for himself and Mr. MEEHAN) 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 provide for ethics and lobbying reform.
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 `Ethics and Lobbying Reform Act of 2006'.
TITLE I--MISCELLANEOUS ETHICS REFORMS.
SEC. 101. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.
(a) Definitions- Section 3 of the Lobbying Disclosure Act of 1995 (in this
title referred to as the `Act') (2 U.S.C. 1602) is amended--
(1) in paragraph (7), by adding at the end the following: `Lobbying activities
include paid efforts to stimulate grassroots lobbying, but do not include
grassroots lobbying.'; and
(2) by adding at the end 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 or segments thereof 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 registrant;
`(ii) makes a contribution of more than a nominal amount of time to
the registrant;
`(iii) is entitled to participate in the governance of the registrant;
`(iv) is 1 of a limited number of honorary or life members of the
registrant; or
`(v) is an employee, officer, director or member of the registrant.
`(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 calendar quarter.'.
(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 adding after paragraph (3) the following:
`(4) FILING BY GRASSROOTS LOBBYING FIRMS- Not later than 45 days after
a grassroots lobbying firm is first 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--
(A) by inserting `or a grassroots lobbying firm' after `lobbying firm';
and
(B) by inserting after `total amount of all income' the following: `(including
a separate good faith estimate of the total amount of income specifically
relating to paid efforts to stimulate grassroots lobbying and, within
that amount, a good faith estimate of the total amount specifically
relating to paid advertising)';
(2) in paragraph (4), by inserting after `total expenses' the following:
`(including a good faith estimate of the total amount of expenses specifically
relating 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 flush sentence:
`Subparagraphs (B) and (C) of paragraph (2) shall not apply with respect
to reports relating to paid efforts to stimulate grassroots lobbying.'.
(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
by adding at the end the following new paragraph:
`(3) Estimates of income or expenses specifically relating 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--
(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
(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.'.
(e) Effective Date- The amendments made by this section shall take effect
on January 1, 2007.
SEC. 102. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF CHARTER FLIGHTS.
(a) House of Representatives-
(1) IN GENERAL- Clause 5(a)(3)(A) of rule XXV of the Standing Rules of
the House of Representatives is amended--
(A) by inserting `(1)' after `(A)'; and
(B) by adding at the end the following:
`(2) Market value for a flight on an aircraft that is not licensed by
the Federal Aviation Administration to operate for compensation or hire
shall be the fair market value of a charter flight. The Committee on Standards
of Official Conduct shall make public information received under this
subparagraph as soon as possible after it is received.'.
(2) DISCLOSURE- Clause 5 of rule XXV of the Standing Rules of the House
of Representatives is amended by adding at the end the following:
`(g) A Member, officer, or employee who takes a flight described in paragraph
(a)(3)(A)(2) shall, with respect to the flight, file a report with the Clerk
of the House of Representatives for public disclosure within 10 days after
the flight--
`(1) the date of the flight;
`(2) the destination of the flight and all other persons on the flight,
other than those operating the aircraft; and
`(3) the purpose of the trip.'.
(1) IN GENERAL- Paragraph 1(c)(1) of rule XXXV of the Standing Rules of
the Senate is amended--
(A) by inserting `(A)' after `(1)'; and
(B) by adding at the end the following:
`(B) Market value for a flight on an aircraft that is not licensed by
the Federal Aviation Administration to operate for compensation or hire
shall be the fair market value of a charter flight. The Select Committee
on Ethics shall make public information received under this subparagraph
as soon as possible after it is received.'.
(2) DISCLOSURE- Paragraph 1 of rule XXXV of the Standing Rules of the
Senate is amended by adding at the end the following:
`(h) A Member, officer, or employee who takes a flight described in subparagraph
(c)(1)(B) shall, with respect to the flight, file a report with the Secretary
of the Senate for public disclosure within 10 days after the flight--
`(1) the date of the flight;
`(2) the destination of the flight;
`(3) all other persons on the flight, other than those operating the aircraft;
and
`(4) the purpose of the trip.'.
(c) Candidates- Subparagraph (B) of section 301(8) of the Federal Election
Campaign Act of 1971 (42 U.S.C. 431(8)(B)) is amended--
(1) in clause (xiii), by striking `and' at the end;
(2) in clause (xiv), by striking the period and inserting `; and'; and
(3) by adding at the end the following :
`(xv) any travel expense for a flight on an aircraft that is not licensed
by the Federal Aviation Administration to operate for compensation
or hire, but only if the candidate or the candidate's authorized committee
or other political committee pays within 7 days after the date of
the flight to the owner, lessee, or other person who provides the
use of the aircraft an amount not less than the normal and usual charter
fare or rental charge for a comparable commercial aircraft of appropriate
size.'.
SEC. 103. GIFTS.
Clause 5 of rule XXV of the Rules of the House of Representatives is amended--
(1) in subparagraph (a)(1), by striking subdivision (B) and by striking
`(A)';
(2) by adding at the end of subparagraph (a)(2)(A) the following new sentence:
`The term `gift' also includes payments or other disbursements made, or
arranged to be made, for a party, reception, or other event in the honor
or recognition of a Member, Delegate, Resident Commissioner, officer,
or employee that is held at a national party convention.'; and
(3) in subparagraph (a)(4)(C), by striking `unless' and all that follows
thereafter and inserting a period.
SEC. 104. PROHIBITION ON PRIVATELY FUNDED TRAVEL.
Clause 5(b)(1)(A) of rule XXV of the Standing Rules of the House of Representatives
is amended by inserting `or from a nongovernmental organization that retains
or employs registered lobbyists or agents of a foreign principal' after
`foreign principal'.
SEC. 105. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION IN CONGRESSIONAL
TRAVEL.
(a) In General- Clause 5 of rule XXV of the Standing Rules of the House
of Representatives is amended by redesignating paragraphs (e), (f), and
(g) as paragraphs (g), (h), and (i), respectively, and by inserting after
paragraph (d) the following:
`(e) A Member, Delegate, Resident Commissioner, officer, or employee of
the House may not accept transportation or lodging on any trip that is planned,
organized, requested, arranged, or financed in whole or in part by a lobbyist
or agent of a foreign principal, or in which a lobbyist participates.
`(f) Before a Member, Delegate, Resident Commissioner, officer, or employee
of the House may accept transportation or lodging otherwise permissible
under this paragraph from any person, such individual shall obtain 30 days
before such trip a written certification from such person (and provide a
copy of such certification to the Committee on Standards of Official Conduct)
that--
`(1) the trip was not planned, organized, requested, arranged, or financed
in whole, or in part by a registered lobbyist or agent of a foreign principal
and was not organized at the request of a registered lobbyist or agent
of a foreign principal;
`(2) registered lobbyists will not participate in or attend the trip;
and
`(3) the person did not accept, from any source, funds specifically earmarked
for the purpose of financing the travel expenses.
The Committee on Standards of Official Conduct shall make public information
received under this paragraph as soon as possible after it is received.'.
(b) Conforming Amendments- Clause 5(b)(3) of rule XXV of the Rules of the
House of Representatives is amended--
(1) by striking `of expenses reimbursed or to be reimbursed';
(2) in subdivision (E), by striking `and' after the semicolon;
(3) in subdivision (F), by striking the period and inserting `; and';
and
(4) by adding at the end the following:
`(G) a description of meetings and events attended during such travel,
except when disclosure of such information is deemed by the Member, or
the supervisor under whose direct supervision the employee works, to jeopardize
the safety of an individual or otherwise interfere with the official duties
of the Member, Delegate, Resident Commissioner, officer, or employee.'.
(c) Public Availability- Subparagraph (5) of rule XXV(b) of the Rules of
the House of Representatives is amended to read as follows:
`(5) The Clerk of the House shall make available to the public all advance
authorizations, certifications, and disclosures filed pursuant to subparagraph
(1) and subparagraph (3)(G) as soon as possible after they are received.'.
SEC. 106. DISCLOSURE OF LOBBYIST CONTRIBUTIONS.
(a) IN GENERAL- 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 inserting after paragraph (4) the following:
`(5) for each registrant (and for any political committee, as defined
in 301(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)),
affiliated with the registrant), and for each employee listed as a lobbyist
by the registrant under paragraph (2)(C)--
`(A) the name of each Federal candidate, officeholder, or leadership
PAC, or political party committee, to whom a contribution was made,
and the date and amount of such contribution; and
`(B) the name of each Federal candidate or officeholder, or leadership
PAC of such candidate or officeholder, or political party committee,
for whom a fundraising event was hosted, co-hosted, or otherwise sponsored,
the date and location of the event, and the total amount raised by the
event; and
`(6) the date, recipient, and amount of funds contributed or disbursed
by, or arranged, by the registrant or an employee listed as a lobbyist
by the registrant under paragraph (2)(C)--
`(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 that is 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).'.
(b) Conforming Amendment- Section 3 of the Act (2 U.S.C. 1602) is amended
by adding at the end the following new paragraph:
`(19) LEADERSHIP PAC- The term `leadership PAC' means, with respect to
an individual holding Federal office, an unauthorized political committee
(as defined in the Federal Election Campaign Act of 1971) which is associated
with such individual.'.
SEC. 107. EXTENSION OF THE POST-EMPLOYMENT RESTRICTION PERIOD.
(a) Length of Post-Employment Restriction Period- Section 207(e) of title
18, United States Code, is amended in each of paragraphs (1)(A), (2)(A),
(3), (4)(A), and (5)(A) by striking `1 year' and inserting `2 years.'
(b) Effective Date- The amendments made by subsection (a) shall take effect
on the date of enactment of this Act, but shall not apply to any Member
of Congress or any officer who leaves office, or to any employee whose employment
terminates, before the date of enactment of this Act.
TITLE II--ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY
SEC. 201. ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY.
There is established, as an independent office within the legislative branch
of the Government, the Office of Public Integrity (in this title referred
to as the `Office').
SEC. 202. DIRECTOR.
(a) APPOINTMENT OF DIRECTOR- (1) The head of the Office shall be a Director,
who shall be appointed jointly by 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 Director shall be selected and appointed
without regard to political affiliation and solely on the basis of fitness
to perform the duties of the Office.
(2)(A) An individual is ineligible for appointment as the Director if the
individual, within the preceding 5 years, has been a registered lobbyist
under the Lobbying Disclosure Act of 1995 or an agent of a foreign principal
under the Foreign Agents Registration Act of 1938, as amended, in a case
in which the foreign principal was the government of a foreign country.
(B) The Director may not have been a Member of the House of Representatives
or a Senator.
(C) The Director shall possess demonstrated integrity, independence, and
public credibility and shall have training or experience in law enforcement,
the judiciary, or as a member of a Federal, State, or local ethics enforcement
agency.
(b) VACANCY- A vacancy in the office of Director shall be filled in the
manner in which the original appointment was made.
(c) Term of Office- The Director shall serve for a term of 5 years and may
be reappointed.
(d) Removal - The Director may be removed by a majority of the appointing
authority for--
(1) disability that substantially prevents the Director from carrying
out his or her duties;
(4) malfeasance, including a felony or conduct involving moral turpitude.
In removing the Director, a statement of the reasons for removal shall be
provided in writing to the Director by the members who voted for removing
the Director and shall be made public.
(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.
SEC. 203. DUTIES AND POWERS OF THE OFFICE.
(a) DUTIES- The Office is authorized--
(1) to receive, monitor, and oversee financial disclosure and other reports
filed by Members of Congress and officers and employees of Congress under
the Ethics in Government Act of 1978, and reports filed by registered
lobbyists under the Lobbying Disclosure Act of 1995;
(2) to investigate any alleged violation, by a Member, officer, or employee
of the House of Representatives or the Senate, of any rule or other standard
of conduct applicable to the conduct of such Member, officer, or employee
under applicable House or Senate rules in the performance of the duties,
or the discharge of the responsibilities, of such Member, officer, or
employee;
(3) to present a case of probable ethics violations to the Committee on
Standards of Official Conduct of the House of Representatives or the Select
Committee on Ethics of the Senate;
(4) to make recommendations to the Committee on Standards of Official
Conduct of the House of Representatives or the Select Committee on Ethics
of the Senate that the committee report to the appropriate Federal or
State authorities any substantial evidence of a violation by a Member,
officer, or employee of the House of Representatives or the Senate of
any law applicable to the performance of the duties, or the discharge
of the responsibilities, of such Member, officer, or employee, that may
have been disclosed in an investigation by the Office;
(5) to provide information and informal guidance to Members, officers,
and employees of the House of Representatives and the Senate regarding
any rules and other standards of conduct applicable to such individuals
in their official capacities, and develop and carry out periodic educational
briefings for Members, officers, and employees of the House of Representatives
and the Senate, on those laws, rules, regulations, or other standards;
(6) to consider the request of any Member, officer, or employee of the
House of Representatives or the Senate for a formal advisory opinion or
other formal ruling, subject to the review of the Committee on Standards
of Official Conduct of the House of Representatives or the Select Committee
on Ethics of the Senate, as applicable, with respect to the general propriety
of any current or proposed conduct of such Member, officer, or employee
and, with appropriate deletions to assure the privacy of the individual
concerned, to publish such opinion for the guidance of other Members,
officers, and employees of the House of Representatives or the Senate;
(7) to conduct periodic and random reviews and audits of reports filed
with it to ensure compliance with all applicable laws and rules; and
(8) to provide informal guidance to registrants under the Lobbying Disclosure
Act of 1995 of their responsibilities under such Act.
(1) Obtaining information- Upon request of the Office, the head of any
agency or instrumentality of the Government shall furnish information
that the Director considers necessary to enable the Office to carry out
its duties.
(2) REFERRALS TO THE DEPARTMENT OF JUSTICE- Whenever the Director has
reason to believe that a violation of the Lobbying Disclosure Act of 1995
may have occurred, the Director shall refer that matter to the Department
of Justice for investigation.
(3) GENERAL AUDITS- The Director may conduct general audits of filings
under the Lobbying Disclosure Act of 1995.
SEC. 204. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON STANDARDS
OF OFFICIAL CONDUCT OR THE SENATE SELECT COMMITTEE ON ETHICS.
(a) INITIATION OF ENFORCEMENT MATTERS- (1) The Office may initiate an investigation
under section 203(a)(2) when a complaint is filed with the Office by a Member
of Congress or an outside complainant, or upon its own initiative, based
on any information the Office possesses. The Director may not accept a complaint
concerning a Member of Congress within 60 days before an election involving
such Member.
(2) Within 30 days after a complaint is filed under paragraph (1), the Director
shall make an initial determination of whether the complaint should be dismissed
or whether there are sufficient grounds to conduct an investigation under
section 203(a)(2). The Director shall provide to the individual who is the
subject of the complaint an opportunity, during that 30-day period, to challenge
the complaint. If the Director decides to dismiss a complaint, the Director
can determine the complaint to be frivolous.
(3) If the Director determines that a complaint is frivolous, the Director
may not accept any future complaint filed by the person who filed the complaint,
and the complainant shall be required to pay for the costs of the Office
resulting from the complaint. The Director may refer the matter to the Department
of Justice to collect those costs.
(4) If the Office begins an investigation under section 203(a)(2) on its
own initiative, the Director shall make a preliminary determination of whether
there are sufficient grounds to conduct the investigation. Before making
that determination, the Director shall provide to the individual who is
the subject of the investigation an opportunity to submit information to
the Director that there are not sufficient grounds to conduct an investigation.
(5) If the Director determines that there are sufficient grounds to conduct
an investigation under section 203(a)(2)--
(A) the Director shall notify the Committee on Standards of Official Conduct
or the Senate Select Committee on Ethics, as applicable, of this determination;
(B) the applicable committee may overrule the determination of the Director
if, within 10 legislative days--
(i) the committee by an affirmative, roll-call vote of two-thirds of
the full committee votes to overrule the determination of the Director;
(ii) the committee issues a public report detailing its reasoning for
overruling the Director;
(iii) the vote of each member of the committee on such roll- call vote
is included in the report; and
(iv) dissenting members are allowed to issue their own report detailing
their reasons for disagreeing with the majority vote; and
(C) if the applicable committee votes to overrule the determination of
the Director pursuant to subparagraph (B), the Director may publish and
make available to the general public a report detailing the reasons that
the Director concluded there were sufficient grounds to conduct an investigation.
(b) CONDUCTING INVESTIGATIONS- (1) If the Director determines that there
are sufficient grounds to conduct an investigation under section 203(a)(2)
and the Director's determination is not overruled under subsection (a)(5),
the Director shall conduct an investigation to determine whether probable
cause exists that a violation occurred.
(2) As part of an investigation, the Director may--
(C) compel the attendance of witnesses and the production of papers, books,
accounts, documents, and testimony; and
(D) take the deposition of witnesses.
(3) If a person disobeys or refuses to comply with a subpoena, or if a witness
refuses to testify to a matter, that person may be held in contempt of Congress.
(c) PRESENTATION OF CASE TO HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
OR SENATE SELECT COMMITTEE ON ETHICS- (1) If the Director determines, upon
conclusion of an investigation, that probable cause exists that an ethics
violation has occurred, the Director shall notify the Committee on Standards
of Official Conduct of the House of Representatives or the Senate Select
Committee on Ethics, as applicable, of that determination.
(2) The applicable committee may overrule the determination of the Director
if, within 10 legislative days--
(A) the committee by an affirmative, roll-call vote of two-thirds of the
full committee votes to overrule the determination of the Director;
(B) the committee issues a public report detailing its reasoning for overruling
the Director;
(C) the vote of each member of the committee on the roll-call vote is
included in the report; and
(D) dissenting members are allowed to issue their own report detailing
their reasons for disagreeing with the majority vote.
(3) If the applicable committee votes to overrule the determination of the
Director pursuant to paragraph (2), the Director may publish and make available
to the general public a report detailing the reasons that the Director concluded
there were sufficient grounds to present the case to the committee.
(4)(A) If the Director determines there is probable cause that an ethics
violation has occurred and the Director's determination is not overruled,
the Director shall present the case and evidence to the Committee on Standards
of Official Conduct of the House of Representatives or the Select Committee
on Ethics of the Senate, as applicable, to hear and make a determination
pursuant to its rules.
(B) The applicable committee shall vote upon whether the individual who
is the subject of the investigation has violated any rules or other standards
of conduct applicable to that individual in his official capacity. Such
votes shall be a roll-call vote of the full committee, a quorum being present.
The committee shall issue a public report which shall include the vote of
each member of the committee on the roll-call vote. Dissenting members may
issue their own report detailing their own reasons for disagreeing with
the majority vote.
(f) SANCTIONS- Whenever the Committee on Standards of Official Conduct of
the House of Representatives or the Select Committee on Ethics of the Senate
finds that an ethics violation has occurred, the Director shall recommend
appropriate sanctions to the committee and whether a matter should be referred
to the Department of Justice for investigation.
(g) LEGISLATIVE DAYS- In this section, the term `legislative days' means
all days other than those days described in section 154(b) of the Trade
Act of 1974 (19 U.S.C. 2194(b)).
SEC. 205. CHANGES IN EXISTING LAW AND IN THE RULES OF THE HOUSE OF REPRESENTATIVES.
(a) RULES OF THE HOUSE- (1) Paragraphs (a) through (e) of clause 3 of rule
XI of the Rules of the House of Representatives are amended to read as follows:
`(a) The Committee on Standards of Official Conduct has the following functions:
`(1) The committee may recommend to the House from time to time such administrative
actions as it may consider appropriate to establish or enforce standards
of official conduct for Members, Delegates, the Resident Commissioner,
officers, and employees of the House. A letter of reproval or other administrative
action of the committee pursuant to an investigation by the Office of
Public Integrity referred to in subparagraph (2) shall only be issued
or implemented as a part of a report required by such subparagraph.
`(2) The committee may hear, in an adjudicatory capacity, a case presented
to it by the Director of the Office of Public Integrity (in this clause
referred to as the `Director') of an alleged violation by a Member, Delegate,
Resident Commissioner, officer, or employee of the House of the Code of
Official Conduct or of a rule or other standard of conduct applicable
to the conduct of such Member, Delegate, Resident Commissioner, officer,
or employee in the performance of his or her duties or the discharge of
his or her responsibilities. After notice and hearing (unless the right
to such a hearing is waived by the Member, Delegate, Resident Commissioner,
officer, or employee), the committee shall report to the House its findings
of fact and recommendations, if any, for the final disposition of any
such investigation and such action as the committee may consider appropriate
in the circumstances.
`(3) After the Director determines that there are sufficient grounds to
pursue an investigation of any individual referred to in subparagraph
(2) or that there is probable cause to believe that a violation has occurred,
the committee may overrule this determination by a two-thirds vote of
the committee within 10 legislative days after being so notified by the
Director. Any such vote shall be recorded and made available to the public.
If the committee reverses the Director's determination to proceed with
the case, then the committee shall file in a timely manner a report to
the House and made available to the general public explaining its decision.
Committee members who voted against reversing the Director's determination
may file their own public reports on the matter.
`(4) The committee may report to the appropriate Federal or State authorities,
either with the approval of the House or by an affirmative vote of a majority
of the members of the committee, any substantial evidence of a violation
by a Member, Delegate, Resident Commissioner, officer, or employee of
the House, of a law applicable to the performance of his or her duties
or the discharge of his or her responsibilities that may have been disclosed
to the committee by the Director as the result of an investigation.
`(b)(1) Unless approved by an affirmative vote of a majority of its members,
the Committee on Standards of Official Conduct may not report a resolution,
report, or recommendation relating to the official conduct of a Member,
Delegate, Resident Commissioner, officer, or employee of the House.
`(2) A member of the committee shall be ineligible to participate as a member
of the committee in a committee proceeding relating to the member's official
conduct. Whenever a member of the committee is ineligible to act as a member
of the committee under the preceding sentence, the Speaker shall designate
a Member, Delegate, or Resident Commissioner from the same political party
as the ineligible member to act in any proceeding of the committee relating
to that conduct.
`(3) A member of the committee may disqualify himself or herself from participating
in an investigation of the conduct of a Member, Delegate, Resident Commissioner,
officer, or employee of the House upon the submission in writing and under
oath of an affidavit of disqualification stating that the member cannot
render an impartial and unbiased decision in the case in which the member
seeks to be disqualified. If the committee approves and accepts such affidavit
of disqualification, the chairman shall so notify the Speaker and request
the Speaker to designate a Member, Delegate, or Resident Commissioner from
the same political party as the disqualifying member to act in any proceeding
of the committee relating to that case.
`(4) Information or testimony received, or the contents of a complaint or
the fact of its filing, may not be publicly disclosed by any committee or
staff member unless specifically authorized in each instance by a vote of
the full committee.
`(c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the Committee
on Standards of Official Conduct or a subcommittee thereof shall occur in
executive session unless the committee or subcommittee, by an affirmative
vote of a majority of its members, opens the meeting to the public.
`(2) Notwithstanding clause 2(g)(2) of rule XI, each adjudicatory hearing
of the Committee on Standards of Official Conduct shall be held in open
session unless the committee, in open session by an affirmative vote of
a majority of its members, closes all or part of the remainder of the hearing
on that day to the public.
`(d) Before a member, officer, or employee of the Committee on Standards
of Official Conduct may have access to information that is confidential
under the rules of the committee, the following oath (or affirmation) shall
be executed:
`I do solemnly swear (or affirm) that I will not disclose, to any person
or entity outside the Committee on Standards of Official Conduct, any
information received in the course of my service with the committee, except
as authorized by the committee or in accordance with its rules.'.
Copies of the executed oath shall be retained by the Clerk as part of the
records of the House. This paragraph establishes a standard of conduct within
the meaning of paragraph (a)(2). Breaches of confidentiality shall be investigated
by the Committee on Standards of Official Conduct and appropriate action
shall be taken.'.
(2) Clause 3 of rule XI of the Rules of the House of Representatives is
amended--
(A) by redesignating paragraphs (f) through (i) as paragraphs (e) through
(h), respectively;
(B) by striking paragraphs (j) through (q); and
(C) in paragraph (g), as redesignated, by striking `any hearing held by
an adjudicatory subcommittee or' both places it appears.
(3) Clause 5(a)(4) of rule X of the Rules of the House of Representatives
is repealed.
(b) Changes in Ethics in Government Act of 1978- Title I of the Ethics in
Government Act of 1978 is amended as follows:
(1) Section 101(h) is amended by striking `the congressional ethics committees'
and inserting `the Director of the Office of Public Integrity'.
(2) Section 103 is amended--
(A) in subsection (h)(1)(A)--
(i) in clause (i)(I), by striking `Clerk of the House of Representatives'
and inserting `Director of the Office of Public Integrity';
(ii) in clause (i)(II), by striking `Secretary of the Senate' and
inserting `Director of the Office of Public Integrity';
(iii) in clause (ii), by striking `1989--' and all that follows through
the end and inserting `1989, the Director of the Office of Public
Integrity; and';
(B) in subsection (i), by striking `Clerk of the House of Representatives
or Secretary of the Senate, as the case may be' and inserting `Director
of the Office of Public Integrity';
(C) by striking subsection (j) and redesignating subsection (k) as subsection
(j); and
(D) in subsection (j) (as redesignated)--
(i) by striking `Clerk of the House of Representatives and Secretary
of the Senate' and inserting `Director of the Office of Public Integrity';
and
(ii) by striking `Clerk and the Secretary' both places it appears
and inserting `Director of the Office of Public Integrity'.
(3) Section 105 is amended--
(A) by striking `Clerk of the House of Representatives, and the Secretary
of the Senate' each place it appears and inserting `Director of the
Office of Public Integrity';
(B) by striking `Clerk or the Secretary of the Senate, as the case may
be' each place it appears and inserting `Director of the Office of Public
Integrity';
(B) by striking `Clerk, or Secretary of the Senate, as the case may
be' and inserting `Director of the Office of Public Integrity'; and
(i) by striking `Clerk of the House of Representatives or the Secretary
of the Senate' and inserting `Director of the Office of Public Integrity';
and
(ii) by striking `Clerk or the Secretary of the Senate, as the case
may be' and inserting `Director of the Office of Public Integrity'.
(4) paragraph (1) of section 109 is repealed.
(5) Section 111(2) is amended by striking `Select Committee on Ethics
of the Senate and the Committee on Standards of Official Conduct of the
House of Representatives, as appropriate,' and inserting `Director of
the Office of Public Integrity'.
(d) CHANGES IN LOBBYING DISCLOSURE ACT OF 1995-
(1) TRANSFER OF JURISDICTION TO OFFICE OF PUBLIC INTEGRITY-
(A) FILING OF REGISTRATIONS- Section 4 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1603) is amended--
(i) in subsection (a)(1), by striking `Secretary of the Senate and
the Clerk of the House of Representatives' and inserting `Director
of the Office of Public Integrity'; and
(ii) in subsection (d), by striking `Secretary of the Senate and the
Clerk of the House of Representatives' and inserting `Director of
the Office of Public Integrity'.
(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
`Director of the Office of Public Integrity'.
(C) DISCLOSURE AND ENFORCEMENT- Section 6 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
`Director of the Office of Public Integrity'.
(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 `Director of the Office
of Public Integrity'.
(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 `Director
of the Office of Public Integrity'.
(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 `Director of the Office of Public Integrity'.
(2) FILING IN ELECTRONIC FORM-
(A) REGISTRATIONS- Section 4 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1603) is amended by adding at the end the following:
`(e) FILING IN ELECTRONIC FORM- A registration 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 Office of Public Integrity.'.
(B) REPORTS- Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604) is amended by adding at the end the following:
`(d) FILING IN ELECTRONIC FORM- A report 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 Office of Public Integrity. The Office shall
make such filings available to the public on the Internet in a searchable
database.'.
SEC. 206. FORMAL ADVISORY OPINIONS AND INTERPRETATIONS.
The Office shall have the authority to provide formal advisory opinions
and interpretations of rules and other standards of conduct applicable to
Members, officers, and employees of the House of Representatives and the
Senate. The Committee on Standards of Official Conduct of the House of Representatives
or the Select Committee on Ethics of the Senate, by a two-thirds vote of
the full committee, may revise or overturn any such formal ruling by the
Office that is applicable to the Members, officers, and employees of that
House of Congress. Any such vote shall be recorded and made publicly available,
and shall be accompanied by a written explanation for that action. Dissenting
members are allowed to issue their own report detailing reasons for disagreeing
with the majority vote.
SEC. 207. PROCEDURAL RULES.
(a) PROHIBITION OF CERTAIN INVESTIGATIONS- No investigation shall be undertaken
by the Office of any alleged violation of a law, rule, regulation, or standard
of conduct not in effect at the time of the alleged violation; nor shall
any investigation be undertaken by the Office of any alleged violation which
occurred before the third Congress preceding the Congress in which the investigation
would be undertaken unless the Office determines that the alleged violation
is directly related to an alleged violation which occurred in a more recent
Congress.
(b) DISCLOSURE- Information or testimony received, or the contents of a
complaint or the fact of its filing, may be publicly disclosed by the Director
or by the staff of the Office only if authorized by the Director.
SEC. 208. ADMINISTRATION.
(a) Staff and Support Services- The Director may appoint and fix the compensation
of such staff as the Director considers necessary, including deputy directors
for ethics matters relating to the House of Representatives and to the Senate,
a general counsel, and such investigators, auditors, and other staff as
the Director considers necessary.
(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, 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.
(c) EXPERTS AND CONSULTANTS- The 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 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.
(e) Administrative Support Services and Other Assistance-
(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 Director 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 Director
such services, funds, facilities, staff, and other support services as
the Director considers advisable and as may be authorized by law.
(f) Use of Mails- The Office 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
Office shall be deemed to be a committee of the Congress.
SEC. 209. EXPENSES.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this title.
(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.
(c) Witness Fees and Allowances- Witnesses before the Office shall be paid
the same fee and mileage allowances as are paid subpoenaed witnesses in
the courts of the United States.
SEC. 210. REPORTS BY COMPTROLLER GENERAL.
Not later than 90 days after the date of enactment of this Act, and at the
close of the 110th Congress and at the close of each Congress thereafter,
the Comptroller General shall submit a report to each House of Congress
of the level of funding necessary for the Office to effectively carry out
its duties under this title.
SEC. 211. TRANSFER OF RECORDS.
Ninety days after the effective date of this title, the Office of Public
Records in the Senate and the Office of the Clerk of the House of Representatives
shall transfer all records to the Office of Public Integrity with respect
to their former duties under the Lobbying Disclosure Act of 1995 and the
Ethics in Government Act of 1978.
SEC. 212. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided by subsection (b) and by section 210,
this title shall take effect on January 1, 2007.
(b) EXCEPTION- Sections 202, 208, and 209 shall take effect on the date
of enactment of this Act.
END
