[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9769 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9769

   To require Members of Congress to provide disclosures related to 
           absences from attendance, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2026

  Mr. Torres of New York (for himself and Mr. Moulton) introduced the 
     following bill; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                                 A BILL


 
   To require Members of Congress to provide disclosures related to 
           absences from attendance, and for other purposes.

    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 ``Duty of Transparency Act''.

SEC. 2. DISCLOSURES RELATED TO PROLONGED ABSENCE FROM THE CONGRESS.

    (a) In General.--An individual who is a Member of Congress and who 
has a reasonable belief that the individual will not be physically 
present to participate in the proceedings of the applicable House of 
Congress of which the individual is a Member for a period of not less 
than 21 consecutive calendar days shall file a disclosure statement 
under subsection (b) with the designated attending officer of the House 
of Congress not later than 5 calendar days after having the reasonable 
belief.
    (b) Contents of Disclosure.--The disclosure statement referred to 
in subsection (a) shall include the following:
            (1) The expected dates during which the Member of Congress 
        will not be physically present to participate.
            (2) A statement explaining why the Member of Congress will 
        not be physically present to participate during the dates 
        described in paragraph (1).
            (3) Whether the Member of Congress shall be able to perform 
        official duties or responsibilities notwithstanding not being 
        physically present, including through remote work, and, if so, 
        a description of the duties or responsibilities.
            (4) Identification and contact information of an individual 
        employed by the Member under the Members' Representational 
        Allowance who shall have access to the Member should the need 
        arise with respect to the House of Congress.
    (c) Incapacitation.--A Member of Congress who does not comply with 
subsection (a) despite being subject to such subsection because the 
Member was incapacitated or otherwise unable to comply shall file a 
disclosure statement under subsection (b) with the designated attending 
officer of the House of Congress not later than 5 calendar days after 
the end of the incapacitation or inability to comply.
    (d) Privacy.--A Member of Congress required to file a disclosure 
statement under this section shall not be required to disclose any 
diagnosis, prognosis, course of treatment, medical record, or other 
protected health information concerning the Member or another 
individual, but the disclosure statement may contain such additional 
information that the Member may choose to disclose beyond the 
information required under subsection (b).
    (e) Updates.--Every 30 days after the start of a period during 
which a Member of Congress is not physically present to participate in 
the proceedings of the applicable House of Congress and through the end 
of such period, the Member shall file a new disclosure statement that 
updates the information provided in the prior disclosure statement.
    (f) Public Availability.--The designated attending officer of each 
House of Congress shall make available to the general public, in a 
website under the authority of the officer, each disclosure statement 
filed with the officer not later than 2 calendar days after the filing.
    (g) Enforcement.--The failure to comply with this section shall be 
a matter in the jurisdiction of the applicable ethics committee.
    (h) Rulemaking Authority.--This section is enacted as an exercise 
in the rulemaking power of the House of Representatives and the Senate, 
respectively, and as such shall be considered as part of the rules of 
each House, with full recognition of the constitutional right of either 
House to change such rules at any time, in the same manner, and to the 
same extent, as any other rule of that House.
    (i) Effective Date.--This section shall apply with respect to any 
period during which a Member of Congress is not physically present to 
participate in the proceedings of the applicable House of Congress that 
begins after the date of the enactment of this section.
    (j) Definitions.--In this section:
            (1) Applicable ethics committee.--The term ``applicable 
        ethics committee'' means--
                    (A) with respect to the House of Representatives, 
                the Committee on Ethics of the House of 
                Representatives; and
                    (B) with respect to the Senate, the Select 
                Committee on Ethics of the Senate.
            (2) Area of constituency.--The term ``area of 
        constituency'' means--
                    (A) with respect to a Representative in, or a 
                Delegate or Resident Commissioner to, the Congress, the 
                congressional district of the Representative, Delegate, 
                or Resident Commissioner; and
                    (B) with respect to a Senator in the Congress, the 
                State of the Senator.
            (3) Designated attending officer.--The term ``designated 
        attending officer'' means--
                    (A) with respect to the House of Representatives, 
                the Clerk of the House of Representatives, or an 
                officer or employee of the House of Representatives 
                designated by the Clerk; and
                    (B) with respect to the Senate, the Secretary of 
                the Senate, or an officer or employee of the Senate 
                designated by the Secretary.
            (4) Member of congress.--The term ``Member of Congress'' 
        means a Senator or Representative in, or a Delegate or Resident 
        Commissioner to, the Congress.
            (5) Physically present to participate in the proceedings.--
        The term ``physically present to participate in the 
        proceedings'' includes, with respect to a House of Congress, 
        entering the Capitol Buildings (as such term is defined in 
        section 5101 of title 40, United States Code), entering the 
        office of a Member of Congress in the Capitol Buildings or in 
        the area of constituency of the Member which is accessible to 
        the general public, entering the applicable Hall or Chamber of 
        such House, casting or making a vote in such House, making a 
        motion or request for unanimous consent on the floor of such 
        House, or engaging in any other activity that requires physical 
        presence in the Capitol Buildings.
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