Ethics and Lobbying Reform Act of 2006 - Amends the Lobbying Disclosure Act of 1995 (LDA) to include among lobbying activities any paid efforts to stimulate grassroots lobbying, but not grassroots lobbying itself.
Amends Rule XXV (Limitations on Outside Earned Income and Acceptance of Gifts) of the Rules of the House and Rule XXXV (Gifts) of the Standing Rules of the Senate to exempt from the restrictions on gifts to Members of Congress, Senators, and House and Senate officers and employees the fair market value for a flight on an aircraft not licensed by the Federal Aviation Administration (FAA) to operate for compensation or hire. Requires public disclosure of such flights.
Amends the Federal Election Campaign Act of 1971 (FECA) to exclude from the definition of contribution any travel expense for a flight on such aircraft, but only if it is paid for within seven days under specified conditions.
Amends Rule XXV to repeal the permission for Members of the House to accept gifts of a nominal value.
Deems a gift any payments or disbursements for an event in honor of a Member, officer, or employee that is held at a national party convention.
Amends the Rules of the House to consider as gifts reimbursements to Members, officers, and employees for official travel-related expenses from nongovernmental organizations that retain or employ registered lobbyists or agents of a foreign principal.
Prohibits such individuals from accepting transportation or lodging on trips arranged or financed by a lobbyist or agent of a foreign principal, or in which a lobbyist participates.
Sets forth reporting requirements for lobbyist campaign contributions.
Amends the federal criminal code to impose a two-year moratorium on lobbying of Congress by former Members, officers, or employees.
Establishes within the legislative branch the Office of Public Integrity.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5677 Introduced in House (IH)]
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--
(1) in paragraph (3)--
(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--
(A) in subsection (a)--
(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
(B) in subsection (b)--
(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.''.
(b) Senate.--
(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;
(2) incompetence;
(3) neglect of duty; or
(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.
(b) Powers.--
(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--
(A) administer oaths;
(B) issue subpoenas;
(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
(D) in subsection (d)--
(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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
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