[Congressional Record Volume 152, Number 23 (Tuesday, February 28, 2006)]
[Senate]
[Pages S1551-S1552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 82--TO ESTABLISH A PROCEDURE FOR THE 
 APPOINTMENT OF INDEPENDENT CONGRESSIONAL ETHICS OFFICE TO INVESTIGATE 
    ETHICS VIOLATIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES

  Mr. KERRY submitted the following concurrent resolution; which was 
referred to the Committee on Homeland Security and Governmental 
Affairs:

                            S. Con. Res. 82

       Resolved by the Senate (the House of Representatives 
     concurring),

     SECTION 1. CONGRESSIONAL ETHICS OFFICER.

       (a) Establishment.--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) Membership.--
       (1) In general.--The Congressional Ethics Officer shall be 
     appointed in accordance with paragraph (2).
       (2) Appointment.--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) Terms.--
       (1) In general.--The Congressional Ethics Officer shall 
     serve a term of 2 years and may be reappointed for 2 
     additional terms.
       (2) Death or resignation.--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) Removal.--The Congressional Ethics Officer may be 
     removed only by resolution of the Senate or the House of 
     Representatives.
       (e) Duties.--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) In general.--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) Travel expenses.--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) Staff.--
       (1) In general.--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) Staff compensation.--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) Detailees.--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) Temporary services.--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) Staffing.--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 
     Act.--The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the Commission.

     SEC. 2. REVIEW OF ALLEGATIONS OF MISCONDUCT AND VIOLATIONS OF 
                   ETHICS LAWS.

       (a) Definitions.--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) Request for Review.--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;

[[Page S1552]]

       (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) Sworn Statement.--
       (1) In general.--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) False statement.--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) In general.--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) Subsequent complaints.--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 election.--The 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) Subpoena.--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) In general.--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) No action.--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.

     SEC. 3. ADDITIONAL RESPONSIBILITIES.

       The 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.

  Mr. KERRY. Mr. President, today I am submitting a concurrent 
resolution establishing an independent Congressional Inspector General 
to investigate ethics violations in the Senate and the House of 
Representatives.
  Every Member of Congress must be held to the highest ethical 
standards. Those who violate the public trust must be held accountable 
for their actions. Unfortunately, our current system does not measure 
up. Too often, Congress has been unable or unwilling to effectively 
investigate or appropriately punish those Members who commit serious 
ethical violations.
  In December 2005, an NBC/Wall Street Journal poll showed that just 
five percent of Americans believe all Members of Congress are honest 
and trustworthy. The same poll showed that most Americans believe that 
most Members of Congress are dishonest and are not trustworthy.
  This is simply unacceptable. We have to restore the faith of the 
American people in the Congress. Thus, I am submitting a resolution to 
establish an independent Congressional Inspector General with the 
authority to investigate and punish violations of the ethics rules by 
Members of Congress, Congressional staff and the Capitol Police.
  The Congressional Inspector General will make a preliminary 
investigation into all ethical misconduct allegations to determine 
whether there is probable cause that a full investigation is warranted. 
The Congressional Inspector General has expansive authority to 
investigate ethics allegations, including improper conduct that may 
reflect upon the Senate or House of Representatives, significant 
violations of law, violations of the Senate Code of Official Conduct or 
the ethics rules of the House of Representatives, and violations of 
Congressional rules or regulations relating to the conduct of Members 
in their performance of official duties. If a full investigation is 
warranted, a public report will be developed for the House and Senate 
Ethics Committees or the Justice Department describing any credible 
evidence of improper conduct or a violation of law.
  To insure that this new ethics process is not abused, anyone who 
knowingly files a false ethics complaint will be subject to a $10,000 
fine or the costs incurred by the investigation, whichever is greater. 
They could also be subject to up to one year in prison and will be 
banned from making further complaints.
  The Congressional Inspector General will not be able to accept new 
charges filed 30 days prior to a primary election for which the Member 
of Congress in question is a candidate or 60 days prior to a general 
election for which the Member of Congress is a candidate.
  The Congressional Inspector General will also provide periodic 
reports to Congress on how to update our ethics laws and how to improve 
the investigation and enforcement of current ethics laws. Finally, it 
would release an annual report of violations by Members of Congress and 
Congressional staff.
  I also strongly support other legislation to develop independent 
oversight of the Congressional ethics process including the 
Congressional Ethics Enforcement Commission Act of 2006 that was 
introduced by Senator Obama earlier this year. I look forward to 
working with my colleagues to develop ethics reform legislation in the 
upcoming months.
  We need to change the way business is done in Washington. We must 
convince the American people that our government responds to the needs 
of our people, not to special interests. This resolution will help 
restore the faith of the American people in their government. Together 
we can work to change our government for the better.

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