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