I 111th CONGRESS 2d Session H. R. 6019 IN THE HOUSE OF REPRESENTATIVES July 30, 2010 Mr. Castle (for himself and Mr. Platts) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on House Administration and 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 amend title 18, United States Code, to extend the post-employment restrictions on certain executive and legislative branch officers and employees, and for other purposes.

1.

Short title

This Act may be cited as the Accountability and Transparency in Ethics Act of 2010.

2.

Lobbying ban for Members and employees of Congress and executive branch officials

(a)

In general

Section 207 of title 18, United States Code, is amended— (1)in subsection (c)— (A)in the subsection heading, by striking One-Year and inserting Two-Year; (B)in paragraph (1), by striking 1 year and inserting 2 years each place it appears; and (C)in paragraph (2)(B), by striking 1-year period and inserting 2-year period; (2)in subsection (d)(2)(A), by striking 1 year and inserting 2 years; (3)in subsection (e)— (A)in paragraph (1)(B), by striking 1 year and inserting 2 years; (B)in paragraph (2), by striking 1 year and inserting 2 years; (C)in paragraph (3)(A), by striking 1 year and inserting 2 years; (D)in paragraph (4), by striking 1 year and inserting 2 years; (E)in paragraph (5)(A), by striking 1 year and inserting 2 years; (F)in paragraph (6), by striking 1 year and inserting 2 years; and (G)in paragraph (7), by striking 1-year period each place it appears and inserting 2-year period; and (4)in subsection (f), by striking 1 year and inserting 2 years. (b)

Effective date

The amendments made by subsection (a) shall apply to any individual who leaves office or employment (to which the restrictions in section 207 of title 18, United States apply) more than 120 days after the date of the enactment of this Act.

3.

Prohibiting Payment of Campaign Funds to Immediate Family Members of Candidates

(a)

Prohibition

Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by adding at the end the following new subsection: (d)

Restrictions on Payments to Spouses and Immediate Family Members

(1)

In general

Notwithstanding any other provision of this Act, an authorized committee of a candidate and a leadership PAC of a candidate or individual holding Federal office may not make any payment to the spouse or any immediate family member of the candidate or individual (as the case may be) for services provided to the committee or leadership PAC. (2)

Exception for nominal reimbursements

Paragraph (1) does not apply to nominal amounts paid to reimburse a spouse or immediate family member for supplies and equipment used by the committee or leadership PAC involved, so long as the total amount paid by the committee or leadership PAC for all such reimbursements during a calendar year does not exceed $500. (3)

Definitions

In this subsection— (A)the term immediate family member means the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister of the candidate or individual involved; and (B)the term leadership PAC has the meaning given such term in section 304(i)(8)(B) . (b)

Conforming Amendment

Section 313(a)(1) of such Act (2 U.S.C. 439a(a)(1)) is amended by striking for otherwise and inserting subject to subsection (d), for otherwise. (c)

Effective Date

The amendments made by this section shall apply with respect to payments made on or after the date of the enactment of this Act.

4.

Ethics training for lobbyists

(a)

Training course

During each Congress, the Committee on Standards of Official Conduct of the House of Representatives shall provide an 8-hour ethics training course to persons registered as lobbyists under the Lobbying Disclosure Act of 1995. (b)

Contents of course

Training under subsection (a) shall cover information on the code of conduct and disclosure requirements applicable to Members, officers, and employees of the House of Representatives, including rules relating to acceptance of gifts (including travel and meals), and financial disclosure requirements under the Ethics in Government Act of 1978. (c)

Penalties for failure To complete training

Any person who is registered or required to register as a lobbyist under the Lobbying Disclosure Act of 1995 and who fails to complete the training course under subsection (a) at least once during each Congress shall be subject to the penalties under section 7 of that Act to the same extent as a failure to comply with any provision of that Act.

5.

Sense of the Congress regarding the duties and responsibilities of the Office of Congressional Ethics

It is the sense of the Congress that any changes to the duties and responsibilities of the Office of Congressional Ethics (OCE) should strengthen, not undermine, its powers to further improve accountability and transparency in Congress.

6.

Subpoena power for the Office of Congressional Ethics

(a)

Subpoena power

For the purpose of carrying out its duties, the board of the Office of Congressional Ethics (established by House Resolution 895 (110th Congress)) is authorized to 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 it considers necessary. (b)

Issuance of subpoenas

(1)A subpoena may be issued under this section only by the agreement of the chairman and cochairman of the board of the Office of Congressional Ethics or by the affirmative vote of 4 members of the board. (2)Subpoenas issued under this section may be issued under the chairman of the board of the Office of Congressional Ethics or any member designated by the majority of the board, and may be served by any person designated by the chairman or by a member designated by the majority of the board. (c)

Administration of oaths

The chairman of the board of the Office of Congressional Ethics or a member designated by the chairman may administer oaths to witnesses.