[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 82 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
S. CON. RES. 82

      To establish a procedure for the appointment of independent 
  Congressional Ethics Office to investigate ethics violations in the 
                Senate and the House of Representatives.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2006

  Mr. Kerry submitted the following concurrent resolution; which was 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
      To establish a procedure for the appointment of independent 
  Congressional Ethics Office to investigate ethics violations in the 
                Senate and the House of Representatives.

    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. CONGRESSIONAL ETHICS OFFICER.

    (a) Establishment.--There is established in the legislative branch 
an independent authority to be known as the Congressional Ethics Office 
to be headed by a Congressional Ethics Officer.
    (b) Membership.--
            (1) In general.--The Congressional Ethics Officer shall be 
        appointed in accordance with paragraph (2).
            (2) Appointment.--The majority leader of the Senate, the 
        minority leader of the Senate, the Speaker of the House of 
        Representatives, the minority leader of the House of 
        Representatives, the chairman and ranking member of the 
        Committee on Standards of Official Conduct of the House of 
        Representatives, and the chairman and the ranking member of the 
        Select Committee on Ethics of the Senate shall nominate the 
        Congressional Ethics Officer at the beginning of a Congress. 
        The Congressional Ethics Officer shall be confirmed by both the 
        Senate and the House of Representatives.
    (c) Terms.--
            (1) In general.--The Congressional Ethics Officer shall 
        serve a term of 2 years and may be reappointed for 2 additional 
        terms.
            (2) Death or resignation.--In the case of the death or 
        resignation of the Congressional Ethics Officer a successor 
        shall be appointed in the same manner to serve the remaining 
        term of that Congressional Ethics Officer.
    (d) Removal.--The Congressional Ethics Officer may be removed only 
by resolution of the Senate or the House of Representatives.
    (e) Duties.--It shall be the duty of the Congressional Ethics 
Officer to--
            (1) receive requests for review of an allegation described 
        in section 2(b);
            (2) make such informal preliminary inquiries in response to 
        such a request as the Congressional Ethics Officer deems to be 
        appropriate;
            (3) if, as a result of those inquiries, the Congressional 
        Ethics Officer determines that a full investigation is not 
        warranted, submit a report pursuant to section 2(f); and
            (4) if, as a result of those inquiries, the Congressional 
        Ethics Officer determines that there is probable cause, the 
        Congressional Ethics Officer--
                    (A) may determine a full investigation is warranted 
                and conduct such investigation; and
                    (B) shall provide a full report of the 
                investigation which shall be available for public 
                inspection to either the Select Committee on Ethics of 
                the Senate or the Committee on Standards of Official 
                Conduct of the House of Representatives.
    (f) Compensation of Congressional Ethics Officer.--
            (1) In general.--The Congressional Ethics Officer 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 he or 
        she is engaged in the performance of the duties of the 
        Congressional Ethics Officer.
            (2) Travel expenses.--The Congressional Ethics Officer and 
        members of the Congressional Ethics Officer staff shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Congressional Ethics 
        Officer.
    (g) Staff.--
            (1) In general.--The Congressional Ethics Officer may, 
        without regard to the civil service laws and regulations, 
        appoint, and terminate an executive director and such other 
        additional personnel as are necessary to enable the 
        Congressional Ethics Officer to perform his or her duties. The 
        staff of the Congressional Ethics Office shall be nonpartisan.
            (2) Staff compensation.--The Congressional Ethics Officer 
        may fix the compensation of the executive director and other 
        personnel without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of title 5, United States Code, 
        relating to classification of positions and General Schedule 
        pay rates, except that the rate of pay for the executive 
        director and other personnel may not exceed the rate payable 
        for level V of the Executive Schedule under section 5316 of 
        that title.
            (3) Detailees.--Any Federal Government employee may be 
        detailed to the Congressional Ethics Officer without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (4) Temporary services.--The Congressional Ethics Officer 
        may procure temporary and intermittent services under section 
        3109(b) of title 5, United States Code, at rates for 
        individuals that do not exceed the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of that title.
            (5) Staffing.--Except at a time when additional personnel 
        are needed to assist the Congressional Ethics Officer in his or 
        her review of a particular request for review under section 2, 
        the total number of staff personnel employed by or detailed to 
        the Congressional Ethics Officer under this subsection shall 
        not exceed 50.
    (h) Inapplicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

SEC. 2. REVIEW OF ALLEGATIONS OF MISCONDUCT AND VIOLATIONS OF ETHICS 
              LAWS.

    (a) Definitions.--As used in this section, the term ``officer or 
employee of Congress'' means--
            (1) an elected officer of the Senate or the House of 
        Representatives who is not a member of the Senate or the House 
        of Representatives;
            (2) an employee of the Senate or the House of 
        Representatives, any committee or subcommittee of the Senate or 
        the House of Representatives, or any member of the Senate or 
        the House of Representatives;
            (3) an employee of the Vice President if such employee's 
        compensation is disbursed by the Secretary of the Senate; and
            (4) an employee of a joint committee of Congress.
    (b) Request for Review.--Any person, including a person who is not 
an officer or employee of Congress, may present to the Congressional 
Ethics Officer a request to review and investigate an allegation of--
            (1) improper conduct that may reflect upon the Senate or 
        the House of Representatives;
            (2) a significant violation of law;
            (3) a violation of the Senate Code of Official Conduct 
        (rules XXXIV, XXXV, XXXVII, XXXVIII, XXXIX, XL, XLI, and XLII 
        of the Standing Rules of the Senate) or the ethics rules of the 
        House of Representatives; or
            (4) a significant violation of a rule or regulation of the 
        Senate or the House of Representatives, relating to the conduct 
        of a person in the performance of his or her duties as a 
        member, officer, or employee of the Senate or the House of 
        Representatives.
    (c) Sworn Statement.--
            (1) In general.--A request for review under subsection (b) 
        shall be accompanied by a sworn statement, made under penalty 
        of perjury under the laws of the United States, of facts within 
        the personal knowledge of the person making the statement 
        alleging improper conduct or a violation described in 
        subsection (b).
            (2) False statement.--If the Congressional Ethics Officer 
        determines that any part of a sworn statement presented under 
        paragraph (1) may have been a false statement made knowingly 
        and willfully, the Congressional Ethics Officer may refer the 
        matter to the Attorney General for prosecution.
    (d) Protection From Frivolous Charges.--
            (1) In general.--Any person who--
                    (A) knowingly files with the Congressional Ethics 
                Office a false complaint of misconduct on the part of 
                any legislator or any 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; or
                    (B) encourages another person to file 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.
            (2) Subsequent complaints.--Any person subject to either of 
        the penalties in paragraph (1) may not file a complaint with 
        the Congressional Ethics Office again.
            (3) Ban on filings prior to election.--The Congressional 
        Ethics Office may not accept charges filed in the--
                    (A) 30 days prior to a primary election for which 
                the Member in question is a candidate; and
                    (B) 60 days prior to a general election for which 
                the Member in question is a candidate.
    (e) Subpoena.--The Congressional Ethics officer may bring a civil 
action to enforce a subpoena only when directed to do so by the 
adoption of a resolution by the Senate or the House of Representatives, 
as appropriate.
    (f) Referral of Reports to the Select Committee on Ethics of the 
Senate, the Committee on Standards of Official Conduct of the House of 
Representatives or the Department of Justice.--
            (1) In general.--If, after making preliminary inquiries, 
        the Congressional Ethics Officer finds probable cause that a 
        violation of the ethics rules has occurred, the Congressional 
        Ethics Officer shall submit to the members of the Senate, 
        members of the House of Representatives, and the Department of 
        Justice a report that--
                    (A) states findings of fact made as a result of the 
                inquiries;
                    (B) states any conclusions that may be drawn with 
                respect to whether there is substantial credible 
                evidence that improper conduct or a violation of law 
                may have occurred; and
                    (C) states its reasons for concluding that further 
                investigation is not warranted.
            (2) No action.--After submission of a report under 
        paragraph (1), no action may be taken in the Senate or the 
        House of Representatives to impose a sanction on a person who 
        was the subject of the Congressional Ethics Officer's inquiries 
        on the basis of any conduct that was alleged in the request for 
        review and sworn statement.

SEC. 3. ADDITIONAL RESPONSIBILITIES.

    The Congressional Ethics Officer shall--
            (1) periodically report to Congress any changes to the 
        ethics law and regulations governing Congress that the 
        Congressional Ethics Officer determines would improve the 
        investigation and enforcement of such laws and regulations; and
            (2) provide an annual report to Congress on the number of 
        ethics complaints and a description of the ethics 
        investigations undertaken during the prior year.
                                 <all>