[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4920 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 4920

To amend the Rules of the House of Representatives to reform the ethics 
                    process, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2006

  Mr. Castle introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on House 
Administration and Rules, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Rules of the House of Representatives to reform the ethics 
                    process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability and Transparency in 
Ethics Act''.

 TITLE I--OUTSIDE INVESTIGATIONS COMMISSION AS SEPARATE INVESTIGATORY 
                                  ARM

SEC. 101. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.

    (a) Establishment.--There is established an independent ethics 
commission within the legislative branch of the Government to be known 
as the Investigations Commission (in this title referred to as the 
``Commission'').
    (b) Membership and Chair.--The Commission shall consist of 7 
individuals, 3 appointed by the Speaker, 3 by the minority leader of 
the House of Representatives, and 1 appointed jointly by the Speaker 
and the minority leader and who shall serve as chairman.
    (c) Qualifications.--
            (1) Specific qualifications.--(A) Only former Members of 
        Congress and retired Federal judges shall be eligible for 
        appointment to the Commission.
            (B) Retired judge.--
                    (i) In general.--The term ``retired judge'' means 
                any judge who has retired from the office and is not 
                serving as a judge pursuant to recall or otherwise.
                    (ii) Judge.--The term ``judge''--
                            (I) means any judge of a court created by 
                        Act of Congress under article III or article I 
                        of the United States Constitution; and
                            (II) includes any bankruptcy judge or 
                        magistrate judge.
            (2) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who has been a 
                lobbyist registered under the Lobbying Disclosure Act 
                of 1995 or engages in, or is otherwise employed in, 
                lobbying of the Congress or who is an agent of a 
                foreign principal registered under the Foreign Agents 
                Registration Act within the 5-year period immediately 
                preceding appointment shall be eligible for appointment 
                to, or service on, the Commission.
                    (B) Incompatible office.--No member of the 
                Commission appointed under subsection (b) may be an 
                elected public official or an officer or employee of 
                the Federal Government.
            (3) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (d) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Commission shall be for 3 Congresses. A 
        member of the Commission who is appointed to a term of office 
        shall only be eligible for appointment for a single term of 
        office.
            (2) First appointments.--Of the members first appointed to 
        the Commission, 2 appointed by the Speaker, 2 appointed by the 
        minority leader, and 1 appointed jointly by them shall have a 
        term of office of 3 Congresses, and the other 4 shall have 
        terms of 2 Congresses.
    (e) Compensation.--Members of the Commission shall each be paid at 
a rate equal to the rate of basic pay for level V of the Executive 
Schedule.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (g) Meetings.--The Commission shall meet at the call of the 
chairperson or a majority of its members.

SEC. 102. DUTIES OF COMMISSION.

    The Commission is authorized--
            (1) to investigate any alleged violation, by a Member, 
        officer, or employee of the House of Representatives, of any 
        law, rule, regulation, or other standard of conduct applicable 
        to the conduct of such Member, officer, or employee in the 
        performance of his duties or the discharge of his 
        responsibilities, and after notice and hearing (unless the 
        right to a hearing is waived by the Member, officer, or 
        employee), shall report to the Committee on Standards of 
        Official Conduct of the House of Representatives its findings 
        of fact and recommendations, if any, upon the final disposition 
        of any such investigation, and such action as the Commission 
        may deem appropriate in the circumstances;
            (2) to report to the appropriate Federal or State 
        authorities, with the approval of the House of Representatives, 
        any substantial evidence of a violation, by a Member, officer, 
        or employee of the House of Representatives, of any law 
        applicable to the performance of his duties or the discharge of 
        his responsibilities, which may have been disclosed in a 
        Commission investigation; and
            (3) adopt rules governing its procedures to afford 
        protections to respondents comparable those that were provided 
        by clause 3 of rule XI of the Rules of the House of 
        Representatives in effect immediately before the amendments to 
        such rule made by section 107.

SEC. 103. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member thereof, may, for the 
purpose of carrying out this title--
            (1) hold such hearings and sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (2) subject to subsection (b), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, papers, and documents, as the Commission or such 
        designated subcommittee or designated member may determine 
        advisable.
    (b) Subpoenas.--
            (1) In general.--A subpoena may be issued under this 
        subsection only--
                    (A) by the agreement of the chair and the vice 
                chair; or
                    (B) by the affirmative vote of 5 members of the 
                Commission.
            (2) Signature.--Subject to paragraph (1), subpoenas issued 
        under this subsection may be issued under the signature of the 
        chairman or any member designated by a majority of the 
        Commission, and may be served by any person designated by the 
        chairman or by a member designated by a majority of the 
        Commission.
    (c) Obtaining Information.--Upon request of the Commission, the 
head of any agency or instrumentality of the Government shall furnish 
information deemed necessary by the panel to enable it to carry out its 
duties.
    (d) Treatment of Tie Votes.--Whenever the vote to conduct an 
investigation has the same number of members voting in the affirmative 
as in the negative, then the professional staff, pursuant to rules 
adopted by the Commission, shall conduct a fact-finding investigation 
and report its findings and recommendations to the Commission. Such 
report would either recommend a dismissal of the complaint or the 
commencement of a formal investigation. The Commission shall, upon 
receipt of the findings and recommendation, make the report public. An 
affirmative vote of a majority of the members of the Commission would 
be required to commence a formal investigation if the Commission 
determines that the matter merits further inquiry.

SEC. 104. PROCEDURAL RULES.

    (a) Majority Approval.--No report or recommendation relating to the 
official conduct of a Member, officer, or employee of the House of 
Representatives shall be made by the Commission, and no investigation 
of such conduct shall be undertaken by the Commission, unless approved 
by the affirmative vote of a majority of the members of the Commission.
    (b) Investigations.--Except in the case of an investigation 
undertaken by the Commission on its own initiative, the Commission may 
undertake an investigation relating to the official conduct of an 
individual Member, officer, or employee of the House of Representatives 
only--
            (1) upon receipt of a complaint, in writing and under oath, 
        made by or submitted to a Member of the House of 
        Representatives and transmitted to the Commission by such 
        Member, or
            (2) upon receipt of a complaint, in writing and under oath, 
        directly from any citizen of the United States.
    (c) Prohibition of Certain Investigations.--No investigation shall 
be undertaken by the Commission of any alleged violation of a law, 
rule, regulation, or standard of conduct not in effect at the time of 
the alleged violation.
    (d) Disclosure.--No information or testimony received, or the 
contents of a complaint or the fact of its filing, shall be publicly 
disclosed by any member of the Commission or staff of the Commission 
unless specifically authorized in each instance by a vote of the 
Commission.

SEC. 105. STAFF OF COMMISSION.

    The Commission may appoint and fix the compensation of such staff 
as the Commission considers necessary to perform its duties. The 
director shall be appointed jointly by the Speaker and minority leader 
and shall be paid at a rate not exceed the rate of basic pay payable 
for Level V of the Executive Schedule.

SEC. 106. ACTION ON HOUSE ETHICS COMMISSION RECOMMENDATIONS.

    (a) Printing of Reports in Congressional Record.--Upon receipt by 
the Committee on Standards of Official Conduct of the House of 
Representatives of any report of the House Ethics Commission, the 
chairman of the committee shall have the report printed in the 
Congressional Record.
    (b) Committee Consideration of House Ethics Commission 
Recommendations.--After a report referred to in subsection (a) is 
printed in the Congressional Record recommending action by the 
Committee on Standards of Official Conduct of the House of 
Representatives respecting any alleged violation by a Member, officer, 
or employee of the House of Representatives, of any law, rule, 
regulation, or other standard of conduct applicable to the conduct of 
such Member, officer, or employee in the performance of his duties or 
the discharge of his responsibilities, the committee shall vote upon 
whether to dismiss the underlying complaint, establish an adjudicatory 
subcommittee, or proceed to consider the matter in the full committee.

SEC. 107. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF 
              THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of 
the House of Representatives is amended as follows:
            (1) Paragraph (a)(2) is amended by striking the first 
        sentence and by inserting ``before the House Ethics 
        Commission'' after ``hearing'' in the second sentence.
            (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by 
        striking ``, or, except as provided in subparagraph (2), 
        undertake an investigation'', and by striking subdivision (B).
            (B) Paragraph (b) is further amended by striking 
        subparagraphs (2), (3), and (5) and by redesignating 
        subparagraphs (4), (6), and (7) as subparagraphs (2), (3), and 
        (4), respectively.
            (3) Strike paragraphs (k), (l), (m), and (n).
            (4) Paragraph (o) is amended by striking ``(1)'', by 
        striking ``an investigative subcommittee or'', by striking 
        subparagraphs (2) and (3), and by redesignating such paragraph 
        as paragraph (k).
            (5) Strike paragraphs (p) and (q).
    (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 
1989 (2 U.S.C. 29d) is amended--
            (1) by striking subsection (c); and
            (2) in subsection (d), by striking ``an investigative 
        subcommittee'' each place it appears and inserting ``the House 
        Ethics Commission''.

SEC. 108. EFFECTIVE DATE.

    This title shall take effect immediately prior to noon on January 
3, 2007.

     TITLE II--BETTER ORGANIZATION OF OVERSIGHT AND ACCOUNTABILITY

SEC. 201. MANDATORY ANNUAL ETHICS TRAINING FOR MEMBERS AND HOUSE 
              EMPLOYEES.

    Clause 3 of rule XI of the Rules of the House of Representatives is 
amended by adding at the end the following new paragraphs:
    ``(r)(1) The committee shall provide annual ethics training to each 
Member, Delegate, Resident Commissioner, and employee of the House of 
Representatives which shall include knowledge of the Code of Official 
Conduct, related House rules, and applicable provisions of law.
    ``(2) A new employee of the House shall receive training under this 
section not later than 30 days after beginning service to the House.
    ``(3) At the end of each session of Congress, the chairman of the 
committee shall have printed in the Congressional Record the names of 
any such individuals who failed to participate in such training during 
that session.
    ``(s)(1) The committee shall provide an 8-hour ethics training 
course to persons desiring to register as lobbyists under the Lobbying 
Disclosure Act of 1995 during a Congress. The committee shall issue to 
any person who successfully completes such training a license to engage 
in lobbying activities under that Act during that Congress. Such 
license shall be valid only during that Congress. A fee shall be 
charged for each license in an amount determined by the committee.
    ``(2) Training under subparagraph (1) shall cover information on 
the code of conduct and disclosure requirements applicable to Members, 
officers, and employees of the House, including rules relating to 
acceptance of gifts (including travel and meals), and financial 
disclosure requirements under the Ethics in Government Act of 1978.
    ``(3) The committee shall suspend the license of any person who 
commits an offense under chapter 11 of title 18, United States Code 
(relating to bribery, graft, and conflicts of interest), or who 
violates section 7(b) of the Lobbying Disclosure Act of 1995 (relating 
to penalties for offering certain gifts).''.

SEC. 202. ETHICS COMMITTEE ADVANCED AUTHORIZATION OF TRAVEL.

    Clause 5(b) of rule XXV of the Rules of the House of 
Representatives is amended by inserting at the end the following new 
subparagraph:
    ``(6) Before a Member, Delegate, Resident Commissioner, officer, or 
employee of the House may take a privately-funded trip--
            ``(A) that individual shall provide the estimated cost of 
        the trip, the name of the entity paying for the trip, the 
        purpose of the trip, and the proposed itinerary to the 
        Committee on Standards of Official Conduct; and
            ``(B) that committee issues a letter stating that the trip 
        complies with the applicable rules of the House.''.

SEC. 203. STRENGTHENING NONPARTISANSHIP AND PROFESSIONALISM OF THE 
              COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    Clause 3(g)(1)(A) of rule XI of the Rules of the House of 
Representatives is amended by inserting ``and may only be removed from 
their positions for cause'' before the semicolon.

                      TITLE III--LOBBYING REFORMS

SEC. 301. TRANSFER OF FUNCTIONS UNDER LOBBYING DISCLOSURE ACT TO 
              COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    (a) Filing of Registrations.--Section 4 of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1603) is amended--
            (1) in subsection (a)(1), by striking ``Clerk'' and 
        inserting ``Committee on Standards of Official Conduct''; and
            (2) in subsection (d), by striking ``Clerk'' and inserting 
        ``Committee on Standards of Official Conduct''.
    (b) Penalties.--Section 7 of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1606) is amended by striking ``Clerk'' and inserting ``Committee 
on Standards of Official Conduct''.
    (c) Rules of Construction.--Section 8(c) of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1607(c)) is amended by striking ``Clerk'' and 
inserting ``Committee on Standards of Official Conduct''.
    (d) Estimates Based on Tax Reporting System.--Section 15(c)(1) of 
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1610(c)(1)) is amended by 
striking ``Clerk'' and inserting ``Committee on Standards of Official 
Conduct''.

SEC. 302. REGISTRATION FEES.

    Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1603(a)(1)) is amended by adding at the end the following: ``The 
Committee on Standards of Official Conduct of the House of 
Representatives shall charge a fee for each registration filed with the 
committee, in an amount determined by the committee.''.

SEC. 303. TIMING OF REPORTS; ELECTRONIC FILING.

    Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is 
amended--
            (1) in subsection (a)--
                    (A) in the heading, by striking ``Report.--No later 
                than'' and inserting ``and Quarterly Reports.--
            ``(1) Filing in the senate.--No later than'';
                    (B) by striking ``and the Clerk of the House of 
                Representatives''; and
                    (C) by striking the last sentence and inserting the 
                following:
            ``(2) Filing in the house.--No later than 30 days after the 
        end of each 3-month period beginning on the first day of each 
        calendar quarter of each year in which a registrant is 
        registered under section 4, each registrant shall file a report 
        with the Committee on Standards of Official Conduct of the 
        House of Representatives on its lobbying activities during that 
        3-month period.
            ``(3) Separate reports.--A separate report under this 
        subsection shall be filed for each client of the registrant.''; 
        and
            (2) by adding at the end the following:
    ``(d) Electronic Filing.--Each report filed under paragraph (2) of 
subsection (a) shall be filed in electronic form, in addition to any 
other form that may be required by the Committee on Standards of 
Official Conduct of the House of Representatives.''.

SEC. 304. ELECTRONIC DATABASE.

    Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is 
amended--
            (1) by striking ``The Secretary'' and inserting ``(a) In 
        General.--The Secretary''; and
            (3) by adding at the end the following:
    ``(b) Electronic Database.--The Committee on Standards of Official 
Conduct of the House of Representatives shall maintain, and make 
available to the public over the Internet, without a fee or other 
access charge, in a searchable, sortable, and downloadable manner, an 
electronic database that--
            ``(1) includes the information contained in reports filed 
        with the committee under this Act; and
            ``(2) is searchable and sortable, at a minimum, by each of 
        the categories of information described in section 5(b).''.

SEC. 305. PENALTIES FOR OFFERING GIFTS.

    Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is 
amended--
            (1) by striking ``Whoever'' and inserting ``(a) In 
        General.--Whoever''; and
            (2) by adding at the end the following:
    ``(b) Penalties for Offering Certain Gifts.--Any person who is--
            ``(1) a lobbyist registered under this Act,
            ``(2) a lobbyist who is an employee of an organization 
        registered under this Act, or
            ``(3) the client of any such lobbyist or organization,
 and who offers to a covered legislative branch employee who is 
Representative in, or Delegate or Resident Commissioner to, the 
Congress, or any officer of employee of the House of Representatives, 
any gift, knowing that such gift violates the rules of the House of 
Representatives, shall, upon proof thereof by a preponderance of the 
evidence, be subject to a civil fine of not more than $50,000.''.

SEC. 306. REVOLVING DOOR.

    Section 207(e) of title 18, United States Code, is amended--
            (1) by striking paragraphs (1) through (6) and inserting 
        the following:
            ``(1) Prohibitions.--Any person who is a covered 
        legislative branch official and who--
                    ``(A) within 1 year after the date on which that 
                person leaves office or on which the employment of that 
                person terminates, as the case may be, or
                    ``(B) before the end of the Congress during which 
                that person leaves office or on which the employment of 
                that person terminates, as the case may be,
        whichever period is longer, knowingly makes, with the intent to 
        influence, any communication to or appearance before any of the 
        persons described in paragraph (2), on behalf of any other 
        person (except the United States) in connection with any matter 
        which such former covered legislative branch official seeks 
        action by a Member, officer, or employee of either House of 
        Congress, in his or her official capacity, shall be punished as 
        provided in section 216 of this title.
            ``(2) Persons who may not be contacted.--The persons 
        referred to in paragraph (1) with respect to appearances or 
        communications by a former covered legislative branch official 
        are any Member, officer, or employee of either House of 
        Congress, and any employee of any other legislative office of 
        the Congress.
            ``(3) Covered legislative branch official.--For purposes of 
        paragraphs (1) and (2), the term `covered legislative branch 
        official' means any Member, officer, or employee of either 
        House of Congress, and any employee of any other legislative 
        office of the Congress.''; and
            (2) by redesignating paragraph (7) as paragraph (4).
                                 <all>