[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4948 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 4948

To abolish the Committee on Standards of Official Conduct in the House 
  of Representatives, establish an Independent Ethics Commission, and 
 provide for the transfer of the duties and functions of the committee 
                           to the Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2006

 Mr. Blumenauer (for himself and Mr. Walden of Oregon) introduced the 
     following bill; which was referred to the Committee on House 
  Administration, and in addition to the Committees on Rules and the 
 Judiciary, 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 abolish the Committee on Standards of Official Conduct in the House 
  of Representatives, establish an Independent Ethics Commission, and 
 provide for the transfer of the duties and functions of the committee 
                           to the 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 ``Ethics Reform Act of 2006''.

 TITLE I--TERMINATION OF COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT IN 
                      THE HOUSE OF REPRESENTATIVES

SEC. 101. TERMINATION OF THE COMMITTEE ON STANDARDS OF OFFICIAL 
              CONDUCT.

    (a) Termination.--
            (1) Rules.--(A) Clause 1 of rule X of the Rules of the 
        House of Representatives is amended by striking paragraph (q) 
        and by redesignating paragraphs (r), (s), and (t) as paragraphs 
        (q), (r), and (s), respectively.
            (B) Rule XI of the Rules of the House of Representatives is 
        amended by striking clause 3 and redesignating clauses 4 
        through 6 as clauses 3 through 5, respectively.
            (2) Law.--The Ethics Reform Act of 1989 (Public Law 101-
        194) is amended by striking subsections (b), (c), (d), and (i) 
        of section 803 (2 U.S.C. 29d).
    (b) Conforming Amendments.--
            (1) Rules.--
                    (A) Clause 6(c)(5) of rule II of the Rules of the 
                House of Representatives is amended--
                            (i) by striking ``Committee on Standards of 
                        Official Conduct'' and inserting ``Independent 
                        Ethics Commission''; and
                            (ii) by striking ``clause 3(a)(3) of rule 
                        XI'' and inserting ``section 202(3) the Ethics 
                        Reform Act of 2006''.
                    (B) Clause 1(m)(1) of rule X of such Rules is 
                amended by striking ``(other than those relating to the 
                Code of Official Conduct)''.
                    (C) Clause 2(a)(16) of the Rules of the House of 
                Representatives is amended by striking ``Committee on 
                Standards of Official Conduct'' and inserting 
                ``Independent Ethics Commission''.
                    (D) Clause 5 of rule X of such Rules is amended--
                            (i) in subparagraph (a), by striking 
                        subparagraph (3) and by redesignating 
                        subparagraph (4) as subparagraph (3); and
                            (ii) in subparagraph (b), by striking item 
                        (ii) and by redesignating item (iii) as item 
                        (ii).
                    (E) Clause 2(g)(1) of rule XI of such Rules is 
                amended by striking ``(other than the Committee on 
                Standards of Official Conduct or its subcommittees)'' 
                each place it appears.
                    (F) Clause 2(m)(3)(A) of rule XI of such Rules is 
                amended by--
                            (i) striking ``(i) Except as provided in 
                        subdivision (A)(ii), a'' and inserting ``A''; 
                        and
                            (ii) striking item (ii).
                    (G) Clause 3 of rule XIII of such Rules is 
                amended--
                            (i) by striking the last sentence of 
                        subparagraph (b); and
                            (ii) in subparagraph (d)(3)(B), by striking 
                        ``, or the Committee on Standards of Official 
                        Conduct'' and by inserting ``or'' before ''the 
                        Committee on Rules''.
                    (H) Clause 5(a) of rule XIII of such Rules is 
                amended by striking subparagraph (5).
                    (I) Clause 12 of rule XXIII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent Ethics 
                Commission''.
                    (J) Clause 2(e) of rule XXV of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent Ethics 
                Commission''.
                    (K) Clause 3(b) of rule XXV of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent Ethics 
                Commission''.
                    (L) Clause 5 of rule XXV of such Rules is amended 
                by striking ``Committee on Standards of Official 
                Conduct'' each place it appears and inserting 
                ``Independent Ethics Commission''.
                    (M) Clause 1 of rule XVI of such Rules is amended 
                by striking ``Committee on Standards of Official 
                Conduct'' and inserting ``Independent Ethics 
                Commission''.
            (2) Law.--The following provisions are each amended by 
        striking ``Committee on Standards of Official Conduct'' and 
        inserting ``Independent Ethics Commission'':
                    (A) Section 5(e) of Public Law 93-191 (2 U.S.C. 
                501(e)).
                    (B) Section 7342(a)(6)(A) of title 5, United States 
                Code.
                    (C) Section 7353(d)(1) of title 5, United States 
                Code.
                    (D) Section 103(j)(1) of the Ethics in Government 
                Act of 1978 (5 U.S.C. App.).
                    (E) Section 109(1) of the Ethics in Government Act 
                of 1978 (5 U.S.C. App.).
                    (F) Section 109(18)(B) of the Ethics in Government 
                Act of 1978 (5 U.S.C. App.).
                    (G) Section 111(2) of the Ethics in Government Act 
                of 1978 (5 U.S.C. App.).
                    (H) Section 503(1)(A) of the Ethics in Government 
                Act of 1978 (5 U.S.C. App.).
                    (I) Sections 416(e) and 503 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1416(e) and 1433).
                    (J) Section 803 of the Ethics Reform Act of 1989 (2 
                U.S.C 29d).

SEC. 102. REFERENCE TO COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    Any reference in a law, regulation, document, paper, or other 
record of the United States to the ``Committee on Standards of Official 
Conduct of the House of Representatives'' shall be deemed to be a 
reference to the ``Independent Ethics Commission''.

                 TITLE II--ESTABLISHMENT OF COMMISSION

SEC. 201. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.

    (a) Establishment.--There is established an independent commission 
within the legislative branch of the Government to be known as the 
Independent Ethics Commission (in this title referred to as the 
``Commission'').
    (b) Membership.--(1) The Commission shall consist of 11 
individuals, 5 appointed by the Speaker, 5 by the minority leader of 
the House of Representatives, and one selected by the members of the 
Commission. Appointments of the members of the Commission by the 
Speaker and the minority leader shall be completed not later than 90 
days after the date of the enactment of this Act.
    (2) The Speaker and the minority leader shall each make such 
appointments after consulting with a broad cross section of the 
membership of the House of Representatives.
    (c) Chairman.--The chairman shall be appointed from members of the 
Commission jointly by the Speaker and the minority leader of the House 
of Representatives.
    (d) Qualifications.--
            (1) Specific qualifications.--Selection and appointment of 
        members shall be without regard to political affiliation and 
        solely on the basis of fitness to perform the duties of the 
        office. To be eligible for appointment to the Commission, an 
        individual shall be a former Member of the House of 
        Representatives.
            (2) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who is 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 
                shall be eligible for appointment to, or service on, 
                the Commission.
                    (B) Incompatible office.--No member of the 
                Commission appointed under subsection (b) may hold or 
                have held within 2 years of the date of appointment the 
                position of Member of the House of Representatives.
            (3) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (e) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Commission shall be for 2 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--
                    (A) 3 appointed by the Speaker and 3 appointed by 
                the minority leader shall have a term of office of 3 
                Congresses, 1 of whom shall be the Chair, as designated 
                at the time of appointment by the Speaker, and
                    (B) 4 shall have a term of office of 1 Congress.
    (f) Removal.--
            (1) Authority.--Any member of the Commission may be removed 
        from office by agreement of the appointing authorities 
        described in subsection (b), but only for--
                    (A) disability that substantially prevents the 
                member from carrying out the duties of the member,
                    (B) incompetence,
                    (C) neglect of duty,
                    (D) malfeasance, including a felony or conduct 
                involving moral turpitude, or
                    (E) holding an office or employment or engaging in 
                an activity that disqualifies the individual from 
                service as a member of the Commission under subsection 
                (d)(2).
            (2) Statement of reasons for removal.--In removing a member 
        of the Commission, the Speaker and the minority leader of the 
        House of Representatives shall state in writing to the member 
        of the Commission being removed the specific reasons for the 
        removal.
            (3) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (g) Compensation.--Each member of the Commission shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission.
    (h) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (i) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the chairperson or a majority of its members.
            (2) Initial meeting.--The Commission shall hold its initial 
        meeting not later than 60 days after the date on which 
        appointments are completed.
    (j) Definition--As used in this title, the term ``Member'' or 
``Member of the House of Representatives'' means any Representative in, 
or Delegate or Resident Commissioner to, the Congress.

SEC. 202. DUTIES OF COMMISSION.

    The Commission is authorized--
            (1) to recommend to the House of Representatives, from time 
        to time, such administrative actions as it may deem appropriate 
        to establish or enforce standards of official conduct for 
        Members, officers, and employees of the House of 
        Representatives;
            (2)(A) 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 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;
            (B) to issue any letter of reproval or admonishment with 
        respect to such an alleged violation;
            (3) 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;
            (4) to give consideration to the request of any Member, 
        officer, or employee of the House of Representatives for an 
        advisory opinion 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;
            (5) to provide information and guidance to Members, 
        officers, and employees of the House of Representatives 
        regarding any laws, rules, regulations, 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 on those laws, rules, regulations, or other 
        standards; and
            (6) to review all reports filed by Members, officers, and 
        employees of the House of Representatives and lobbyists for 
        inconsistencies or mutual interests and expenditures between 
        any of them and lobbyists.

SEC. 203. PROCEDURAL RULES.

    (a) Majority Approval.--No resolution, report, recommendation, or 
advisory opinion relating to the official conduct of a Member, officer, 
or employee of the House 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 an individual not a Member of the House of 
        Representatives if the Commission finds that such complaint has 
        been submitted by such individual to not less than three 
        Members of the House who have refused, in writing, to transmit 
        such complaint to the Commission.
    (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; nor shall any investigation be undertaken by the 
Commission of any alleged violation which occurred before the third 
previous Congress unless the Commission determines that the alleged 
violation is directly related to any alleged violation which occurred 
in a more recent Congress.
    (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 full 
Commission.

SEC. 204. 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 
for a term of 7 years and shall be paid at a rate not exceed the rate 
of basic pay payable for Level IV of the Executive Schedule. The 
director shall be eligible for reappointment for one additional term of 
7 years.

SEC. 205. ADVICE AND EDUCATION.

    (a) Establishment.--The Independent Commission on House Ethics 
shall establish within the Commission an Office on Advice and Education 
(hereinafter in this section referred to as the ``Office'') under the 
supervision of the chairman of the Commission.
    (b) Staff.--The head of the Office shall be appointed by the 
chairman and the Office shall be comprised of such staff as the 
chairman determines is necessary to carry out the responsibilities of 
the Office.
    (c) Duties and Responsibilities.--The primary duties and 
responsibilities of the Office shall include:
            (1) Providing information and guidance to Members, officers 
        and employees of the House regarding any laws, rules, 
        regulations, and other standards of conduct applicable to such 
        individuals in their official capacities, and any 
        interpretations and advisory opinions of the Commission.
            (2) Submitting to the chairman of the Commission any 
        written request from any such Member, officer or employee for 
        an interpretation of applicable laws, rules, regulations, or 
        other standards of conduct, together with any recommendations 
        thereon.
            (3) Recommending to the Commission for its consideration 
        formal advisory opinions of general applicability.
            (4) Developing and carrying out, subject to the approval of 
        the chairman, periodic educational briefings for Members, 
        officers and employees of the House on those laws, rules, 
        regulations, or other standards of conduct applicable to them.
    (d) Special Rule.--No information provided to the Commission by a 
Member, officer or employee of the House of Representatives when 
seeking advice regarding prospective conduct of such Member, officer or 
employee may be used as the basis for initiating an investigation if 
such Member, officer or employee acts in accordance with the written 
advice of the Commission.

SEC. 206. LOBBYING DISCLOSURE ACT AMENDMENTS.

    (a) Transfer of Functions to Independent Ethics Commission.--The 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended--
            (1) in section 4--
                    (A) in subsection (a)(1), by striking ``Secretary 
                of the Senate and the Clerk of the House of 
                Representatives'' and inserting ``Independent Ethics 
                Commission''; and
                    (B) in subsection (d), by striking ``Secretary of 
                the Senate and the Clerk of the House of 
                Representatives'' and inserting ``Independent Ethics 
                Commission'';
            (2) in section 6, by striking ``Secretary of the Senate and 
        the Clerk of the House of Representatives'' and inserting 
        ``Independent Ethics Commission'';
            (3) in section 7, by striking ``Secretary of the Senate or 
        the Clerk of the House of Representatives'' and inserting 
        ``Independent Ethics Commission''; and
            (4) in section 8, by striking ``Secretary of the Senate or 
        the Clerk of the House of Representatives'' and inserting 
        ``Independent Ethics Commission''.
    (b) Timing of Reports; Electronic Filing.--Section 5 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Quarterly Reports.--No later than 30 day after the end of the 
3-month period beginning on January 1, April 1, July 1, and October 1 
of each year in which a registrant is registered under section 4, each 
registrant shall file a report with the Independent Ethics Commission 
on its lobbying activities during that 3-month period. A separate 
report 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 subsection (a) 
shall be filed in electronic form, in addition to any other form that 
may be required by the Independent Ethics Commission.''.
    (c) Availability of Electronic Filings.--Section 6(4) of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
            (1) by striking ``(4)'' and inserting ``(4)(A) subject to 
        subparagraph (B),''; and
            (2) by adding at the end the following:
            ``(B) not later than 30 days after reports are filed in 
        electronic form under section 5(d), make such reports available 
        to the public over the Internet, without a fee or other access 
        charge;''.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. TRANSITION PROVISIONS.

    In the case of investigations pending before the Committee on 
Standards of Official Conduct on the day before 6 months after the date 
of the enactment of this Act, the proceedings shall be continued by the 
Independent Ethics Commission.

SEC. 302. ACTION ON INDEPENDENT ETHICS COMMISSION RECOMMENDATIONS.

    (a) Printing of Reports in Congressional Record.--Upon the receipt 
by the House of Representatives of any report of the Independent Ethics 
Commission made to the House of Representatives under section 202(2), 
the Speaker shall have the report printed in the Congressional Record.
    (b) House Consideration of Independent Ethics Commission 
Recommendations.--Within 30 calendar days after a report referred to in 
subsection (a) is printed in the Congressional Record, that portion of 
the report recommending action by 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 shall be introduced (by request) in the House by the 
majority leader of the House, for himself and the minority leader of 
the House in the form of a resolution. This resolution shall constitute 
a question of privilege under rule IX of the Rules of the House of 
Representatives. Any Member favoring the resolution may call it up as a 
question of privilege but only on the third day after the calendar date 
upon which such Member announces to the House his intention to do so.

SEC. 303. EXERCISE OF CONGRESSIONAL RULEMAKING POWER.

    The provisions of title I amending the Rules of the House of 
Representatives and sections 301 and 302 are enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives, and as such they shall be considered a part of 
        the rules of the House of Representatives and such rules shall 
        supersede other rules only to the extent that they are 
        inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        the House of Representatives to change such rules at any time 
        in the same manner and to the same extent as in the case of any 
        other rule of such House.

SEC. 304. EFFECTIVE DATE.

    This Act and the amendments made by it shall take effect 6 months 
after the date of its enactment, except that sections 201, 204, and 205 
shall take effect upon its date of enactment.
                                 <all>