Short title

This Act may be cited as the

Establishing The House Independent Commission on Standards Act

Establishment of House ethics commission

(a)

Establishment

There is established an independent ethics commission within the legislative branch of the Government to be known as The House Independent Commission on Standards (in this Act referred to as the Commission). (b)

Membership and Terms of Office

(1)The Commission shall consist of 8 individuals. Four members shall be appointed by the Republican leader, of whom 2 shall be former Democratic Members and 4 members shall be appointed by the Democratic leader of the House of Representatives, of whom 2 shall be former Republican Members. Except as provided by paragraph (2), the terms of all members of the Commission shall be 4 years. (2)Of the members first appointed— (A)2 appointed by each leader shall be for a term of 4 years; and (B)2 appointed by each leader shall be for a term of 6 years;

as designated by each such leader at the time of appointment.

(3)No individual who has been a Member of the House may be appointed to the Commission sooner than 2 years after the ceasing to be a Member of the House. (c)

Chairman and Vice Chairman

The chairman and the vice chairman of the Commission shall be selected by the members of the Commission at its first meeting. (d)

Disqualifications for appointments

(1)

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. (2)

Incompatible office

No member of the Commission appointed under subsection (b) may be an elected public official or an officer or employee of the Government. (3)

Financial benefit

No member of the Commission appointed under subsection (b) may serve on the board or be an officer of any entity that has a direct financial interest in any matter before the House of Representatives. (e)

Vacancies

A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (f)

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. (g)

Quorum

A majority of the members of the Commission shall constitute a quorum. (h)

Meetings

The Commission shall meet at the call of the chairman or a majority of its members.

Duties of Commission

The Commission is authorized— (1)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; (2)to issue any letter of admonishment with respect to such an alleged violation; (3)to 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 a Commission investigation; and (4)to adopt rules governing its procedures to provide protections to respondents comparable to those that were provided by clause 3 of rule XI of the Rules of the House of Representatives in effect immediately before the amendments to such rule made by section 8.

Powers of Commission

(a)

Hearings and Evidence

The Commission or, on the authority of the Commission, the chairman or vice chairman, 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 or the chairman or vice chairman may determine advisable. (b)

Subpoenas

(1)

Prior written authorization

A subpoena may be issued only upon the prior written approval of the chairman and ranking minority member of the Committee on Standards of Official Conduct. (2)

Issuance

A subpoena may be issued only under the signature of the chairman or the vice chairman, and may be served by any person designated by the chairman or the vice chairman. (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 panel to enable it to carry out its duties.

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 Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c)

Submissions

(1)Any individual may submit a letter to the Commission requesting that it undertake an investigation on its own initiative of 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. (2)The Commission shall make available forms to be used in the submission of letters under paragraph (1). (3)The submission of a letter to the Commission under paragraph (1) does not necessitate any action by the Commission. (4)The Commission is authorized to adopt rules to establish procedures for the consideration of submissions, including a time frame for their consideration. (5)The Commission shall adopt a rule not to commence an investigation if it finds that the complaint or submission respecting that investigation is frivolous, and shall file a public report on such a complaint or submission with the Committee on Standards of Official Conduct. (d)

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. (e)

Effect of elections

If the Commission receives any complaint or submission within 90 days before an election in which the subject of the complaint or submission is a candidate, the Commission shall delay consideration of that matter until after such election. (f)

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.

Staff of Commission

The Commission may appoint and fix the compensation of a Staff Director and such other staff as the Commission considers necessary to perform its duties. The Staff Director 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.

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.

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).

Effective date

This Act shall take effect immediately before noon January 3, 2009.