Congressional Ethics Enforcement Commission Act of 2006 - Establishes in the legislative branch the Office of Public Integrity and the Congressional Ethics Enforcement Commission, and vests in the latter the authority of the former.
Grants the Commission authority to: (1) investigate lobbying disclosures filed with the Senate and the House of Representatives; (2) investigate Senate members and staff who violate restrictions on interactions with lobbyists; (3) conduct research concerning governmental ethics and implement any public educational programs it considers necessary to give effect to this Act; and (4) report annually to the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct (ethics committees).
Declares that investigation by the Commission shall be in lieu of the preliminary ethics investigation required for such ethics committees. Prohibits such committees from conducting preliminary investigations upon the Commission's establishment.
Authorizes the Commission, upon a majority vote, to refer a case with evidence to the appropriate ethics committee.
Authorizes the Office of Public Integrity, upon a majority vote of the Commission, to refer potential legal violations to the Department of Justice for civil enforcement.
Subjects to fines, costs of the preliminary review, and penalties individuals who: (1) file false complaints with the Commission about alleged misconduct on the part of any legislator or other person; or (2) encourage another individual to do so.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2259 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2259
To establish an Office of Public Integrity in the Congress and a
Congressional Ethics Enforcement Commission.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2006
Mr. Obama introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish an Office of Public Integrity in the Congress and a
Congressional Ethics Enforcement Commission.
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 ``Congressional Ethics Enforcement
Commission Act of 2006''.
SEC. 2. OFFICE OF PUBLIC INTEGRITY.
(a) In General.--There is established in the legislative branch an
independent office to be known as the ``Office of Public Integrity''
(referred to in this Act as the ``Office'') the authority of which
shall be vested in the Commission established in section 3.
(b) Authority.--The Commission shall have the following authority:
(1) Investigating lobbying disclosures filed with the
Senate and the House of Representatives.
(2) Investigating Senate members and staff who violate
restrictions on interactions with lobbyists, as provided in
section 4.
(3) Conducting research concerning governmental ethics and
implement any public educational programs it considers
necessary to give effect to this Act.
(4) Reporting, not later than December 1 of each year, to
the Senate Select Committee on Ethics and the House Committee
on Standards of Official Conduct on the Commission's activities
in the preceding fiscal year which report shall include a
summary of Commission determinations and advisory opinions. The
report may contain recommendations on matters within the
Commission's jurisdiction.
SEC. 3. CONGRESSIONAL ETHICS ENFORCEMENT COMMISSION.
(a) Membership.--The Congressional Ethics Enforcement Commission
shall consist of 9 members--
(1) 2 of whom shall be appointed by the Majority Leader of
the Senate;
(2) 2 of whom shall be appointed by the Minority Leader of
the Senate;
(3) 2 of whom shall be appointed by Speaker of the House;
(4) 2 of whom shall be appointed by the Minority Leader of
the House; and
(5) the last member shall be chosen by agreement of at
least 3 of the Speaker, the Senate Majority Leader, the House
Minority Leader, and the Senate Minority Leader
All members of the Commission shall be United States citizens. Of the 2
members each appointed by the Senate Majority Leader and Minority
Leader, the Speaker of the House, and the Minority Leader for the
House, 1 shall be a former judge, and 1 shall be a former member of
Congress.
(b) Pay and Staff.--Commissioners shall receive a $100 per diem for
each day of service for the Commission. Each Commissioner shall have 1
enforcement counsel as staff, housed in an Office of Public Integrity
created by this Act.
(c) Terms of Service.--The members of the Commission shall be
appointed not later than 60 days after the investment of this Act to
serve a 2-year term. Thereafter, each member shall serve 4-year terms.
(d) Vacancies.--Vacancies in membership of the Commission shall be
filled by appointment by the original appointing authority in the same
manner as the original appointments.
(e) Limits on Employment.--While serving on the Commission, a
member shall not--
(1) serve as a fundraiser for a Senate or House candidate;
(2) contribute to a candidate for Federal office;
(3) serve as an officer in a political party;
(4) participate in the management or conduct of the
political campaign of a candidate; or
(5) serve as a registered lobbyist.
(f) Dismissal.--A member of the Commission may be removed only by
unanimous agreement between the Speaker of the House, the Minority
Leader of the House, the Majority Leader of the Senate, and the
Minority Leader of the Senate, and only for cause.
(g) Chair and Vice Chair.--The chair and the vice chair of the
Commission shall be elected by a majority vote of the members of the
Commission. The chair and the vice chair shall serve terms of 1 year
and may be reelected. The chair shall preside at meetings of the
Commission. The vice chair shall preside in the absence or disability
of the chair.
(h) Meetings.--The Commission shall meet not later than 90 days
after the date of enactment of this Act. The time and place of the
meeting shall be determined by the chair. Thereafter, the Commission
shall meet twice a year or at such times deemed necessary at the call
of the chair or a majority of its members.
(i) Quorum.--A quorum of the Commission shall consist of 5 or more
members.
(j) Vote Required.--An affirmative vote of 5 or more members shall
be necessary for Commission action.
SEC. 4. INVESTIGATIONS AND REPORTS.
(a) Complaints.--
(1) Sworn complaint.--
(A) Citizen initiated.--The Commission may only
initiate an investigation as a result of a sworn
complaint filed by a citizen of the United States.
(B) Ban on filing prior to election.--The
Commission may not accept charges filed in the--
(i) 30 days prior to a primary election for
which the Member in question is a candidate;
and
(ii) 60 days prior to a general election
for which the Member in question is a
candidate.
(2) Content.--The complaint shall be a notarized written
statement alleging a violation against 1 or more named persons
and stating the essential facts constituting the violation
charged. The Commission shall have no jurisdiction in absence
of a complaint. A member of the Commission may file a
complaint.
(3) Service.--Not later than 10 days after the filing of a
complaint, the Commission shall cause a copy of the complaint
to be served upon the person alleged to have committed the
violation.
(4) Answer.--Not later than 20 days after service of the
complaint, the person alleged to have committed the violation
may file an answer with the Commission. The filing of an answer
is wholly permissive, and no inferences shall be drawn from the
failure to file an answer.
(b) Inquiry.--
(1) In general.--Not later than 10 days after the
Commission receives the answer under subsection (a)(4), or the
time expires for the filing of an answer, the Commission shall
initiate a preliminary inquiry into any alleged violation of
this code. If a majority of the Commission staff determines
that the complaint fails to state a claim of an ethics
violation or is clearly spurious, the complaint shall be
dismissed.
(2) Status.--Not later than 30 days after the commencement
of the inquiry, the Commission staff shall give notice of the
status of the complaint and a general statement of the
applicable law to the person alleged to have committed a
violation.
(c) Rights of Alleged Violator.--The Commission shall afford a
person who is the subject of a preliminary inquiry an opportunity to
appear in response to the allegations in the complaint. The person
shall have the right to be represented by counsel, to appear and be
heard under oath, and to offer evidence in response to the allegations
in the complaint.
(d) Commission Proceeding.--All Commission proceedings, including
the complaint and answer and other records relating to a preliminary
inquiry, shall be confidential until a final determination is made by
the Commission, except--
(1) the Commission may, at any time, turn over to the
Attorney General of the United States evidence which may be
used in criminal proceedings; and
(2) if the complainant or alleged violator publicly
discloses the existence of a preliminary inquiry, the
Commission may publicly confirm the existence of the inquiry
and, in its discretion, make public any documents which were
issued to either party.
(e) Disposition.--If the Commission--
(1) determines by the answer or in the preliminary inquiry
that the complaint does not allege facts sufficient to
constitute a violation of the rules of the Senate or the House
of Representatives or the Lobbying Disclosure Act of 1995, the
Commission--
(A) shall immediately terminate the matter and
notify in writing the complainant and the person
alleged to have committed a violation;
(B) may confidentially inform the alleged violator
of potential violations and provide information to
ensure future compliance with the law; and
(C) if the alleged violator publicly discloses the
existence of such action by the Commission, may confirm
the existence of the action and, in its discretion,
make public any documents that were issued to the
alleged violator; and
(2) during the course of the preliminary inquiry, finds
probable cause to believe that an ethics violation has
occurred, the Commission--
(A) shall notify the alleged violator of the
finding; and
(B) may, upon majority vote, either--
(i) due to mitigating circumstances such as
lack of significant economic advantage or gain
by the alleged violator, lack of significant
economic loss to the state, or lack of
significant impact on public confidence in
government--
(I) confidentially reprimand, in
writing, the alleged violator for
potential violations of the law and
provide a copy of the reprimand to the
presiding officer of the House in which
the alleged violator serves, or the
alleged violator's employer, if the
alleged violator is a legislative
agent; or
(II) if the alleged violator
publicly discloses the existence of
such an action, confirm the existence
of the action and, in its discretion,
make public any documents which were
issued to the alleged violator; or
(ii) initiate an adjudicatory proceeding to
determine whether to present a case to the
Select Committee on Ethics of the Senate or the
Committee on Standards of Official Conduct of
the House of Representatives as to whether
there has been a violation.
(f) Conducting Investigation.--As a part of an investigation, the
Commission may--
(1) administer oaths;
(2) issue subpoenas;
(3) compel the attendance of witnesses and the production
of papers, books, accounts, documents, and testimony;
(4) take the deposition of witnesses; and
(5) conduct general audits of filings under the Lobbying
Disclosure Act of 1995.
(g) Contempt.--If a person disobeys or refuses to comply with a
subpoena, or if a witness refuses to testify to a matter regarding
which he may be held in contempt of Congress.
(h) Fees for Witnesses.--Each witness subpoenaed under this section
shall receive for his attendance the fees and mileage provided for
witnesses in the District of Columbia Circuit Court, which shall be
audited and paid upon the presentation of proper vouchers sworn to by
the witness.
(i) Ethics Committees.--
(1) Preliminary investigation.--The investigation of the
Commission under this section shall be in lieu of the
preliminary ethics investigation required for the Select
Committee on Ethics of the Senate or the Committee on Standards
of Official Conduct of the House of Representatives. Those
committees shall not conduct preliminary investigations upon
the establishment of the Commission.
(2) Referral.--Upon a majority vote of the Commission at
the conclusion of the adjudicatory proceeding, the Commission
may present a case with evidence to the Select Committee on
Ethics of the Senate or the Committee on Standards of Official
Conduct of the House of Representatives, as appropriate. The
Select Committee on Ethics of the Senate and the Committee on
Standards of Official Conduct of the House of Representatives
shall retain the authority to impose sanctions.
(j) Civil Offense.--Upon a majority vote of the Commission, the
Office of Public Integrity could refer potential legal violations to
the Justice Department for Civil Enforcement.
(k) Public Report.--Unless otherwise provided in this Act, the
Commission shall make each report and statement filed under this Act
available for public inspection and copying during regular office hours
at the expense of any person requesting copies of them and at a charge
not to exceed actual cost, not including the cost of staff required.
SEC. 5. PROTECTION FROM FRIVOLOUS CHARGES.
(a) In General.--Any person who--
(1) knowingly files with the Commission 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; and
(2) encourages another person to file a false complaint of
misconduct on the part of any legislator or other person shall
be shall subject to a $10,000 fine or the cost of the
preliminary review, whichever is greater, and up to 1 year in
jail.
(b) Subsequent Complaints.--Any person subject to either of the
penalties in subsection (a) may not file a complaint with the
Commission again.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S868)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Sponsor introductory remarks on measure. (CR S2441-2442)
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