109th CONGRESS
2d Session
S. 2259
To establish an Office of Public Integrity in the Congress and
a Congressional Ethics Enforcement Commission.
IN THE SENATE OF THE UNITED STATES
February 8, 2006
Mr. OBAMA introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
A BILL
To establish an Office of Public Integrity in the Congress and
a Congressional Ethics Enforcement Commission.
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 `Congressional Ethics Enforcement Commission
Act of 2006'.
SEC. 2. OFFICE OF PUBLIC INTEGRITY.
(a) In General- There is established in the legislative branch an independent
office to be known as the `Office of Public Integrity' (referred to in this
Act as the `Office') the authority of which shall be vested in the Commission
established in section 3.
(b) Authority- The Commission shall have the following authority:
(1) Investigating lobbying disclosures filed with the Senate and the House
of Representatives.
(2) Investigating Senate members and staff who violate restrictions on
interactions with lobbyists, as provided in section 4.
(3) Conducting research concerning governmental ethics and implement any
public educational programs it considers necessary to give effect to this
Act.
(4) Reporting, not later than December 1 of each year, to the Senate Select
Committee on Ethics and the House Committee on Standards of Official Conduct
on the Commission's activities in the preceding fiscal year which report
shall include a summary of Commission determinations and advisory opinions.
The report may contain recommendations on matters within the Commission's
jurisdiction.
SEC. 3. CONGRESSIONAL ETHICS ENFORCEMENT COMMISSION.
(a) Membership- The Congressional Ethics Enforcement Commission shall consist
of 9 members--
(1) 2 of whom shall be appointed by the Majority Leader of the Senate;
(2) 2 of whom shall be appointed by the Minority Leader of the Senate;
(3) 2 of whom shall be appointed by Speaker of the House;
(4) 2 of whom shall be appointed by the Minority Leader of the House;
and
(5) the last member shall be chosen by agreement of at least 3 of the
Speaker, the Senate Majority Leader, the House Minority Leader, and the
Senate Minority Leader
All members of the Commission shall be United States citizens. Of the 2
members each appointed by the Senate Majority Leader and Minority Leader,
the Speaker of the House, and the Minority Leader for the House, 1 shall
be a former judge, and 1 shall be a former member of Congress.
(b) Pay and Staff- Commissioners shall receive a $100 per diem for each
day of service for the Commission. Each Commissioner shall have 1 enforcement
counsel as staff, housed in an Office of Public Integrity created by this
Act.
(c) Terms of Service- The members of the Commission shall be appointed not
later than 60 days after the investment of this Act to serve a 2-year term.
Thereafter, each member shall serve 4-year terms.
(d) Vacancies- Vacancies in membership of the Commission shall be filled
by appointment by the original appointing authority in the same manner as
the original appointments.
(e) Limits on Employment- While serving on the Commission, a member shall
not--
(1) serve as a fundraiser for a Senate or House candidate;
(2) contribute to a candidate for Federal office;
(3) serve as an officer in a political party;
(4) participate in the management or conduct of the political campaign
of a candidate; or
(5) serve as a registered lobbyist.
(f) Dismissal- A member of the Commission may be removed only by unanimous
agreement between the Speaker of the House, the Minority Leader of the House,
the Majority Leader of the Senate, and the Minority Leader of the Senate,
and only for cause.
(g) Chair and Vice Chair- The chair and the vice chair of the Commission
shall be elected by a majority vote of the members of the Commission. The
chair and the vice chair shall serve terms of 1 year and may be reelected.
The chair shall preside at meetings of the Commission. The vice chair shall
preside in the absence or disability of the chair.
(h) Meetings- The Commission shall meet not later than 90 days after the
date of enactment of this Act. The time and place of the meeting shall be
determined by the chair. Thereafter, the Commission shall meet twice a year
or at such times deemed necessary at the call of the chair or a majority
of its members.
(i) Quorum- A quorum of the Commission shall consist of 5 or more members.
(j) Vote Required- An affirmative vote of 5 or more members shall be necessary
for Commission action.
SEC. 4. INVESTIGATIONS AND REPORTS.
(A) CITIZEN INITIATED- The Commission may only initiate an investigation
as a result of a sworn complaint filed by a citizen of the United States.
(B) BAN ON FILING PRIOR TO ELECTION- The Commission may not accept charges
filed in the--
(i) 30 days prior to a primary election for which the Member in question
is a candidate; and
(ii) 60 days prior to a general election for which the Member in question
is a candidate.
(2) CONTENT- The complaint shall be a notarized written statement alleging
a violation against 1 or more named persons and stating the essential
facts constituting the violation charged. The Commission shall have no
jurisdiction in absence of a complaint. A member of the Commission may
file a complaint.
(3) SERVICE- Not later than 10 days after the filing of a complaint, the
Commission shall cause a copy of the complaint to be served upon the person
alleged to have committed the violation.
(4) ANSWER- Not later than 20 days after service of the complaint, the
person alleged to have committed the violation may file an answer with
the Commission. The filing of an answer is wholly permissive, and no inferences
shall be drawn from the failure to file an answer.
(1) IN GENERAL- Not later than 10 days after the Commission receives the
answer under subsection (a)(4), or the time expires for the filing of
an answer, the Commission shall initiate a preliminary inquiry into any
alleged violation of this code. If a majority of the Commission staff
determines that the complaint fails to state a claim of an ethics violation
or is clearly spurious, the complaint shall be dismissed.
(2) STATUS- Not later than 30 days after the commencement of the inquiry,
the Commission staff shall give notice of the status of the complaint
and a general statement of the applicable law to the person alleged to
have committed a violation.
(c) Rights of Alleged Violator- The Commission shall afford a person who
is the subject of a preliminary inquiry an opportunity to appear in response
to the allegations in the complaint. The person shall have the right to
be represented by counsel, to appear and be heard under oath, and to offer
evidence in response to the allegations in the complaint.
(d) Commission Proceeding- All Commission proceedings, including the complaint
and answer and other records relating to a preliminary inquiry, shall be
confidential until a final determination is made by the Commission, except--
(1) the Commission may, at any time, turn over to the Attorney General
of the United States evidence which may be used in criminal proceedings;
and
(2) if the complainant or alleged violator publicly discloses the existence
of a preliminary inquiry, the Commission may publicly confirm the existence
of the inquiry and, in its discretion, make public any documents which
were issued to either party.
(e) Disposition- If the Commission--
(1) determines by the answer or in the preliminary inquiry that the complaint
does not allege facts sufficient to constitute a violation of the rules
of the Senate or the House of Representatives or the Lobbying Disclosure
Act of 1995, the Commission--
(A) shall immediately terminate the matter and notify in writing the
complainant and the person alleged to have committed a violation;
(B) may confidentially inform the alleged violator of potential violations
and provide information to ensure future compliance with the law; and
(C) if the alleged violator publicly discloses the existence of such
action by the Commission, may confirm the existence of the action and,
in its discretion, make public any documents that were issued to the
alleged violator; and
(2) during the course of the preliminary inquiry, finds probable cause
to believe that an ethics violation has occurred, the Commission--
(A) shall notify the alleged violator of the finding; and
(B) may, upon majority vote, either--
(i) due to mitigating circumstances such as lack of significant economic
advantage or gain by the alleged violator, lack of significant economic
loss to the state, or lack of significant impact on public confidence
in government--
(I) confidentially reprimand, in writing, the alleged violator for
potential violations of the law and provide a copy of the reprimand
to the presiding officer of the House in which the alleged violator
serves, or the alleged violator's employer, if the alleged violator
is a legislative agent; or
(II) if the alleged violator publicly discloses the existence of
such an action, confirm the existence of the action and, in its
discretion, make public any documents which were issued to the alleged
violator; or
(ii) initiate an adjudicatory proceeding to determine whether to present
a case to the Select Committee on Ethics of the Senate or the Committee
on Standards of Official Conduct of the House of Representatives as
to whether there has been a violation.
(f) Conducting Investigation- As a part of an investigation, the Commission
may--
(3) compel the attendance of witnesses and the production of papers, books,
accounts, documents, and testimony;
(4) take the deposition of witnesses; and
(5) conduct general audits of filings under the Lobbying Disclosure Act
of 1995.
(g) Contempt- If a person disobeys or refuses to comply with a subpoena,
or if a witness refuses to testify to a matter regarding which he may be
held in contempt of Congress.
(h) Fees for Witnesses- Each witness subpoenaed under this section shall
receive for his attendance the fees and mileage provided for witnesses in
the District of Columbia Circuit Court, which shall be audited and paid
upon the presentation of proper vouchers sworn to by the witness.
(1) PRELIMINARY INVESTIGATION- The investigation of the Commission under
this section shall be in lieu of the preliminary ethics investigation
required for the Select Committee on Ethics of the Senate or the Committee
on Standards of Official Conduct of the House of Representatives. Those
committees shall not conduct preliminary investigations upon the establishment
of the Commission.
(2) REFERRAL- Upon a majority vote of the Commission at the conclusion
of the adjudicatory proceeding, the Commission may present a case with
evidence to the Select Committee on Ethics of the Senate or the Committee
on Standards of Official Conduct of the House of Representatives, as appropriate.
The Select Committee on Ethics of the Senate and the Committee on Standards
of Official Conduct of the House of Representatives shall retain the authority
to impose sanctions.
(j) Civil Offense- Upon a majority vote of the Commission, the Office of
Public Integrity could refer potential legal violations to the Justice Department
for Civil Enforcement.
(k) Public Report- Unless otherwise provided in this Act, the Commission
shall make each report and statement filed under this Act available for
public inspection and copying during regular office hours at the expense
of any person requesting copies of them and at a charge not to exceed actual
cost, not including the cost of staff required.
SEC. 5. PROTECTION FROM FRIVOLOUS CHARGES.
(a) In General- Any person who--
(1) knowingly files with the Commission a false complaint of misconduct
on the part of any legislator or other person shall be subject to a $10,000
fine or the cost of the preliminary review, whichever is greater, and
up to 1 year in prison; and
(2) encourages another person to file a false complaint of misconduct
on the part of any legislator or other person shall be shall subject to
a $10,000 fine or the cost of the preliminary review, whichever is greater,
and up to 1 year in jail.
(b) Subsequent Complaints- Any person subject to either of the penalties
in subsection (a) may not file a complaint with the Commission again.
END
