[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2822 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2822

   To establish an Independent Ethics Commission within the House of 
           Representatives composed of former Federal judges.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2007

  Mr. Sestak introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
 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 establish an Independent Ethics Commission within the House of 
           Representatives composed of former Federal judges.

    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 ``Independent Ethics Commission Act of 
2007''.

SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION.

    (a) Establishment.--There is established an independent ethics 
commission within the House of Representatives to be known as the 
Independent Ethics Committee (in this Act referred to as the 
``Commission'').
    (b) Membership and Terms of Office.--(1) The Commission shall 
consist of 9 commissioners, 4 appointed by the Speaker and 4 by the 
minority leader of the House, and one selected by the affirmative vote 
of two-thirds of the 8 appointed commissioners for a term of 5 years. 
No commissioner may serve for more than 5 years.
    (2) Commissioners shall be appointed for terms of 5 years, except 
that of the commissioners first appointed, 2 appointed by the Speaker 
and 2 by the minority leader shall be for 3-year terms and 2 appointed 
by the Speaker and 2 by the minority leader shall be for 4-year terms 
as designated by the Speaker and the minority leader at the time of 
appointment.
    (c) Qualifications.--Only former Federal judges shall be eligible 
for appointment to the Commission.
            (1) 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 4-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 a 
                Member of the House of Representatives or Senator.
            (2) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (d) Compensation.--Members shall each be entitled to receive the 
daily equivalent of the maximum annual rate of basic pay in effect for 
Level III of the Executive Schedule for each day (including travel 
time) during which they are engaged in the actual performance of duties 
vested in the Commission.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (f) Meetings.--The Commission shall meet at the call a majority of 
its members.

SEC. 3. DUTIES OF COMMISSION.

    (a) Duties.--The Commission is authorized--
            (1) to receive, monitor, and oversee financial disclosure 
        and other reports filed by Members of the House and officers 
        and employees of the House under the Ethics in Government Act 
        of 1978, and reports filed by registered lobbyists under the 
        Lobbying Disclosure Act of 1995;
            (2) in accordance with the procedures set forth under 
        subsection (b), to investigate any alleged violation, by a 
        Member, officer, or employee of the House of Representatives, 
        of any rule or other standard of conduct applicable to the 
        conduct of such Member, officer, or employee under House rules 
        in the performance of his duties or the discharge of his 
        responsibilities;
            (3) to present a case of probable ethics violations to the 
        Committee on Standards of Official Conduct of the House of 
        Representatives;
            (4) to make recommendations to the Committee on Standards 
        of Official Conduct of the House of Representatives that it 
        report to the appropriate Federal or State authorities 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 an 
        investigation by the Office;
            (5) to provide information and informal guidance to 
        Members, officers and employees of the House of Representatives 
        regarding any rules 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 give consideration to the request of any Member, 
        officer, or employee of the House of Representatives for a 
        formal advisory opinion or other formal ruling, subject to the 
        review of the Committee on Standards of Official Conduct of the 
        House of Representatives, as applicable, 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.
    (b) Procedures for Initiation of Investigations and Other 
Matters.--
            (1) In general.--An investigation may be initiated by the 
        filing of a complaint with the Commission by a Member of the 
        House of Representatives or an outside complainant, or by the 
        Commission on its own initiative, based on any information in 
        its possession. The Commission shall not accept a complaint 
        concerning a Member within 90 days of an election involving 
        such Member.
            (2) Deadline for determination of action.--
                    (A) In general.--Not later than 45 days after 
                receiving a complaint, the Commission shall make an 
                initial determination as to whether the complaint 
                should be dismissed or whether there are sufficient 
                grounds to conduct an investigation in response to the 
                complaint.
                    (B) Extension upon majority approval.--The 
                Commission may, by vote of the majority of its members, 
                extend the deadline established under subparagraph (A) 
                to such deadline as it considers appropriate.
                    (C) Treatment of frivolous complaints.--In any 
                instance in which the Commission decides to dismiss a 
                complaint, the Commission may issue a determination 
                that the complaint is frivolous. If the Commission 
                issues such a determination, the Commission may not 
                accept any future complaint filed by that same person 
                and the complainant shall be required to pay for the 
                costs of the Commission resulting from such complaint. 
                The Commission may refer the matter to the Attorney 
                General to collect such costs.
                    (D) Special rule for investigations conducted on 
                commission's own initiative.--For any investigation 
                conducted by the Commission at its own initiative, the 
                Commission shall make a preliminary determination of 
                whether there are sufficient grounds to conduct an 
                investigation. Before making that determination, the 
                subject of the investigation shall be provided by the 
                Commission with an opportunity to submit information to 
                the Commission to show that there are not sufficient 
                grounds to conduct an investigation.

SEC. 4. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may for the purpose of 
carrying out this Act--
            (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 may 
        determine advisable.
    (b) Subpoenas.--A subpoena may be issued only with 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 Commission to enable it to carry 
out its duties.
    (d) Referrals to the Department of Justice.--Whenever the 
Commission has reason to believe that a violation of the Lobbying 
Disclosure Act of 1995 may have occurred, that matter may be referred 
to the Department of Justice for it to investigate.
    (e) General Audits.--The Commission shall have the authority to 
conduct general audits of filings under the Lobbying Disclosure Act of 
1995.

SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON 
              STANDARDS OF OFFICIAL CONDUCT.

    (a) Notification.--Whenever the Commission determines that there 
are sufficient grounds to conduct an investigation--
            (1) the Commission shall notify the Committee on Standards 
        of Official Conduct of this determination;
            (2) the applicable committee may overrule the determination 
        of the Commission if, within 10 legislative days--
                    (A) the committee by an affirmative, roll-call vote 
                of two-thirds of the full committee votes to overrule 
                the determination of the Commission;
                    (B) the committee issues a public report detailing 
                its reasoning for overruling the Commission;
                    (C) the vote of each member of the committee on 
                such roll-call vote is included in the report;
                    (D) dissenting members are allowed to issue their 
                own report detailing their reasons for disagreeing with 
                the majority vote; and
                    (E) if the committee votes to overrule the 
                determination of the Commission pursuant to 
                subparagraph (B), the Commission may publish and make 
                available to the general public a report detailing the 
                reasons that the Commission concluded there were 
                sufficient grounds to conduct an investigation.
    (b) Conducting Investigations.--(1) If the Commission determines 
that there are sufficient grounds to conduct an investigation and his 
determination is not overruled under subsection (a)(5), the Commission 
shall conduct an investigation to determine if probable cause exists 
that a violation occurred.
    (2) As part of an investigation, the Commission may--
            (A) administer oaths;
            (B) issue subpoenas;
            (C) compel the attendance of witnesses and the production 
        of papers, books, accounts, documents, and testimony; and
            (D) take the deposition of witnesses.
            (3) If a person disobeys or refuses to comply with a 
        subpoena, or if a witness refuses to testify to a matter, he 
        may be held in contempt of Congress.
    (c) Presentation of Case to House Committee on Standards of 
Official Conduct.--(1) If the Commission determines, upon conclusion of 
an investigation, that probable cause exists that an ethics violation 
has occurred, the Commission shall notify the Committee on Standards of 
Official Conduct of the House of Representatives of this determination.
    (2) The committee may overrule the determination of the Commission 
if, within 10 legislative days--
            (A) the committee by an affirmative, roll-call vote of two-
        thirds of the full committee votes to overrule the 
        determination of the Commission;
            (B) the committee issues a public report detailing its 
        reasoning for overruling the Commission;
            (C) the vote of each member of the committee on such roll-
        call vote is included in the report; and
            (D) dissenting members are allowed to issue their own 
        report detailing their reasons for disagreeing with the 
        majority vote.
    (3) If the committee votes to overrule the determination of the 
Commission pursuant to paragraph (2), the Commission may publish and 
make available to the general public a report detailing the reasons 
that he concluded there were sufficient grounds to present such case to 
the committee.
    (4)(A) If the Commission determines there is probable cause that an 
ethics violation has occurred and the Commission's determination is not 
overruled, the Commission shall present the case and evidence to the 
Committee on Standards of Official Conduct of the House of 
Representatives to hear and make a determination pursuant to its rules.
    (B) The committee shall vote upon whether the individual who is the 
subject of the investigation has violated any rules or other standards 
of conduct applicable to that individual in his official capacity. Such 
votes shall be a roll-call vote of the full committee, a quorum being 
present. The committee shall issue a public report which shall include 
the vote of each member of the committee on such roll-call vote. 
Dissenting members may issue their own report detailing their own 
reasons for disagreeing with the majority vote.
    (d) Sanctions.--Whenever the Committee on Standards of Official 
Conduct of the House of Representatives finds that an ethics violation 
has occurred the Commission shall recommend appropriate sanctions to 
the committee and whether a matter should be referred to the Department 
of Justice for investigation.

SEC. 6. 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 from the chairman of the 
        Committee on Standards of Official Conduct of the House of 
        Representatives, in writing and under oath, made by that 
        committee.
    (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. 7. STAFF OF COMMISSION.

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

SEC. 8. 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) In paragraph (a), strike subparagraphs (1), (2), and 
        (3), and redesignate subparagraphs (4), (5), and (6), as 
        subparagraphs (1), (2), and (3), respectively.
            (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by 
        striking ``a resolution, report, recommendation, or'' and 
        inserting ``an'', and 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), (4), and (5) and by redesignating 
        subparagraphs (6) and (7) as subparagraphs (2) and (3), 
        respectively.
            (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and 
        (q).
    (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).

SEC. 9. ACTION ON 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 Commission, the Speaker of the 
House of Representatives shall have the report printed in the 
Congressional Record.
    (b) House Consideration of Independent Ethics Commission 
Recommendations.--Within 14 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 
Speaker 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. 10. EFFECTIVE DATE.

    This Act shall take effect upon the date of its enactment, except 
that sections 3, 4, and 8 shall take effect immediately prior to noon 
January 3, 2009.
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