1.Congressional Ethics
Officer
(a)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)
(1)The Congressional Ethics Officer shall be appointed in
accordance with paragraph (2).
(2)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)
(1)The Congressional Ethics Officer shall serve a term of 2
years and may be reappointed for 2 additional terms.
(2)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)The
Congressional Ethics Officer may be removed only by resolution of the Senate or
the House of Representatives.
(e)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)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)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)
(1)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)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)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)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)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 ActThe Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
2.Review of
allegations of misconduct and violations of ethics laws
(a)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)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)
(1)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)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)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)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 electionThe 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)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)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)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.
3.Additional
ResponsibilitiesThe
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.