I 

109TH CONGRESS 

2D SESSION H. R. 4738 

To establish a commission to strengthen confidence in Congress. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2006 

Mr. UDALL of Colorado introduced the following bill; which was referred to 

the Committee on House Administration 

A BILL 

To establish a commission to strengthen confidence in 

Congress. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission to 

5 Strengthen Confidence in Congress Act of 2006’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION. 

7 There is established in the legislative branch a com8 mission to be known as the ‘‘Commission to Strengthen 

9 Confidence in Congress’’ (in this Act referred to as the 

10 ‘‘Commission’’). 
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1 SEC. 3. PURPOSES. 

2 The purposes of the Commission are to— 

3 (1) evaluate and report the effectiveness of cur4 rent congressional ethics requirements, if penalties 

5 are enforced and sufficient, and make recommenda6 tions for new penalties; 

7 (2) weigh the need for improved ethical conduct 

8 with the need for lawmakers to have access to exper9 tise on public policy issues; 

10 (3) determine and report minimum standards 

11 relating to official travel for Members of Congress 

12 and staff; 

13 (4) evaluate the range of gifts given to Mem14 bers of Congress and staff, determine and report the 

15 effects on public policy, and make recommendations 

16 for limits on gifts; 

17 (5) evaluate and report the effectiveness and 

18 transparency of congressional disclosure laws and 

19 recommendations for improvements; 

20 (6) assess and report the effectiveness of the 

21 ban on Members of Congress and staff from lob22 bying their former office for 1 year and make rec23 ommendations for altering the time frame; 

24 (7) make recommendations to improve the proc25 ess whereby Members of Congress can earmark pri-
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1 orities in appropriations Acts, while still preserving 

2 congressional power of the purse; 

3 (8) evaluate the use of public and privately 

4 funded travel by Members of Congress and staff, 

5 violations of Congressional rules governing travel, 

6 and make recommendations on limiting travel; and 

7 (9) investigate and report to Congress on its 

8 findings, conclusions, and recommendations for re9 form. 

10 SEC. 4. COMPOSITION OF COMMISSION. 

11 (a) MEMBERS.—The Commission shall be composed 

12 of 10 members, of whom— 

13 (1) the chair and vice chair shall be selected by 

14 agreement of the majority leader and minority lead15 er of the House of Representatives and the majority 

16 leader and minority leader of the Senate; 

17 (2) 2 members shall be appointed by the senior 

18 member of the Senate leadership of the Republican 

19 Party, 1 of which is a former member of the Senate; 

20 (3) 2 members shall be appointed by the senior 

21 member of the Senate leadership of the Democratic 

22 Party, 1 of which is a former member of the Senate; 

23 (4) 2 members shall be appointed by the senior 

24 member of the leadership of the House of Represent-
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1 atives of the Republican Party, 1 of which is a 

2 former member of the House of Representatives; and 

3 (5) 2 members shall be appointed by the senior 

4 member of the leadership of the House of Represent5 atives of the Democratic Party, 1 of which is a 

6 former member of the House of Representatives. 

7 (b) QUALIFICATIONS; INITIAL MEETING.— 

8 (1) POLITICAL PARTY AFFILIATION.—Five 

9 members of the Commission shall be Democrats and 

10 5 Republicans. 

11 (2) NONGOVERNMENTAL APPOINTEES.—An in12 dividual appointed to the Commission may not be an 

13 officer or employee of the Federal Government or 

14 any State or local government. 

15 (3) OTHER QUALIFICATIONS.—It is the sense of 

16 Congress that individuals appointed to the Commis17 sion should be prominent United States citizens, 

18 with national recognition and significant depth of ex19 perience in professions such as governmental service, 

20 government consulting, government contracting, the 

21 law, higher education, historian, business, public re22 lations, and fundraising. 

23 (4) DEADLINE FOR APPOINTMENT.—All mem24 bers of the Commission shall be appointed on a date 

25 3 months after the date of enactment of this Act. 
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1 (5) INITIAL MEETING.—The Commission shall 

2 meet and begin the operations of the Commission as 

3 soon as practicable. 

4 (c) QUORUM; VACANCIES.—After its initial meeting, 

5 the Commission shall meet upon the call of the chairman 

6 or a majority of its members. Six members of the Commis7 sion shall constitute a quorum. Any vacancy in the Com8 mission shall not affect its powers, but shall be filled in 

9 the same manner in which the original appointment was 

10 made. 

11 SEC. 5. FUNCTIONS OF COMMISSION. 

12 The functions of the Commission are to submit to 

13 Congress a report required by this Act containing such 

14 findings, conclusions, and recommendations as the Com15 mission shall determine, including proposing organization, 

16 coordination, planning, management arrangements, proce17 dures, rules and regulations— 

18 (1) related to section 3; or 

19 (2) related to any other areas the commission 

20 unanimously votes to be relevant to its mandate to 

21 recommend reforms to strengthen ethical safeguards 

22 in Congress. 

23 SEC. 6. POWERS OF COMMISSION. 

24 (a) HEARINGS AND EVIDENCE.—The Commission or, 

25 on the authority of the Commission, any subcommittee or 
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1 member thereof, may, for the purpose of carrying out this 

2 Act— 

3 (1) hold such hearings and sit and act at such 

4 times and places, take such testimony, receive such 

5 evidence, administer such oaths; and 

6 (2) subject to subsection (b), require, by sub7 poena or otherwise, the attendance and testimony of 

8 such witnesses and the production of such books, 

9 records, correspondence, memoranda, papers, and 

10 documents, as the Commission or such designated 

11 subcommittee or designated member may determine 

12 advisable. 

13 (b) SUBPOENAS.— 

14 (1) IN GENERAL.—A subpoena may be issued 

15 under this subsection only— 

16 (A) by the agreement of the chair and the 

17 vice chair; or 

18 (B) by the affirmative vote of 6 members 

19 of the Commission. 

20 (2) SIGNATURE.—Subject to paragraph (1), 

21 subpoenas issued under this subsection may be 

22 issued under the signature of the chairman or any 

23 member designated by a majority of the Commis24 sion, and may be served by any person designated 
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1 by the chairman or by a member designated by a 

2 majority of the Commission. 

3 (c) OBTAINING INFORMATION.—Upon request of the 

4 Commission, the head of any agency or instrumentality 

5 of the Federal Government shall furnish information 

6 deemed necessary by the panel to enable it to carry out 

7 its duties. 

8 SEC. 7. ADMINISTRATION. 

9 (a) COMPENSATION.—Except as provided in sub10 section (b), members of the Commission shall receive no 

11 additional pay, allowances, or benefits by reason of their 

12 service on the Commission. 

13 (b) TRAVEL EXPENSES AND PER DIEM.—Each mem14 ber of the Commission shall receive travel expenses and 

15 per diem in lieu of subsistence in accordance with sections 

16 5702 and 5703 of title 5, United States Code. 

17 (c) STAFF AND SUPPORT SERVICES.— 

18 (1) STAFF DIRECTOR.— 

19 (A) APPOINTMENT.—The Chair (or Co20 Chairs) in accordance with the rules agreed 

21 upon by the Commission shall appoint a staff 

22 director for the Commission. 

23 (B) COMPENSATION.—The staff director 

24 shall be paid at a rate not to exceed the rate 

25 established for level V of the Executive Sched-
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1 ule under section 5315 of title 5, United States 

2 Code. 

3 (2) STAFF.—The Chair (or Co-Chairs) in ac4 cordance with the rules agreed upon by the Commis5 sion shall appoint such additional personnel as the 

6 Commission determines to be necessary. 

7 (3) APPLICABILITY OF CIVIL SERVICE LAWS.— 

8 The staff director and other members of the staff of 

9 the Commission shall be appointed without regard to 

10 the provisions of title 5, United States Code, gov11 erning appointments in the competitive service, and 

12 shall be paid without regard to the provisions of 

13 chapter 51 and subchapter III of chapter 53 of such 

14 title relating to classification and General Schedule 

15 pay rates. 

16 (4) EXPERTS AND CONSULTANTS.—With the 

17 approval of the Commission, the staff director may 

18 procure temporary and intermittent services under 

19 section 3109(b) of title 5, United States Code. 

20 (d) PHYSICAL FACILITIES.—The Architect of the 

21 Capitol, in consultation with the appropriate entities in the 

22 legislative branch, shall locate and provide suitable office 

23 space for the operation of the Commission on a non24 reimbursable basis. The facilities shall serve as the head25 quarters of the Commission and shall include all necessary 
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1 equipment and incidentals required for the proper func2 tioning of the Commission. 

3 (e) ADMINISTRATIVE SUPPORT SERVICES AND

4 OTHER ASSISTANCE.— 

5 (1) IN GENERAL.—Upon the request of the 

6 Commission, the Architect of the Capitol and the 

7 Administrator of General Services shall provide to 

8 the Commission on a nonreimbursable basis such ad9 ministrative support services as the Commission may 

10 request. 

11 (2) ADDITIONAL SUPPORT.—In addition to the 

12 assistance set forth in paragraph (1), departments 

13 and agencies of the United States may provide the 

14 Commission such services, funds, facilities, staff, 

15 and other support services as the Commission may 

16 deem advisable and as may be authorized by law. 

17 (f) USE OF MAILS.—The Commission may use the 

18 United States mails in the same manner and under the 

19 same conditions as Federal agencies and shall, for pur20 poses of the frank, be considered a commission of Con21 gress as described in section 3215 of title 39, United 

22 States Code. 

23 (g) PRINTING.—For purposes of costs relating to 

24 printing and binding, including the cost of personnel de-
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1 tailed from the Government Printing Office, the Commis2 sion shall be deemed to be a committee of the Congress. 

3 SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEM4 BERS AND STAFF. 

5 The appropriate Federal agencies or departments 

6 shall cooperate with the Commission in expeditiously pro7 viding to the Commission members and staff appropriate 

8 security clearances to the extent possible pursuant to ex9 isting procedures and requirements, except that no person 

10 shall be provided with access to classified information 

11 under this Act without the appropriate security clearances. 

12 SEC. 9. COMMISSION REPORTS; TERMINATION. 

13 (a) ANNUAL REPORTS.—The Commission shall sub14 mit— 

15 (1) an initial report to Congress not later than 

16 July 1, 2006; and 

17 (2) annual reports to Congress after the report 

18 required by paragraph (1); 

19 containing such findings, conclusions, and recommenda20 tions for corrective measures as have been agreed to by 

21 a majority of Commission members. 

22 (b) ADMINISTRATIVE ACTIVITIES.—During the 60- 

23 day period beginning on the date of submission of each 

24 annual report and the final report under this section, the 

25 Commission shall— 
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1 (1) be available to provide testimony to commit2 tees of Congress concerning such reports; and 

3 (2) take action to appropriately disseminate 

4 such reports. 

5 (c) TERMINATION OF COMMISSION.— 

6 (1) FINAL REPORT.—At such time as a major7 ity of the members of the Commission determines 

8 that the reasons for the establishment of the Com9 mission no longer exist, the Commission shall submit 

10 to Congress a final report containing information de11 scribed in subsection (a). 

12 (2) TERMINATION.—The Commission, and all 

13 the authorities of this Act, shall terminate 60 days 

14 after the date on which the final report is submitted 

15 under paragraph (1), and the Commission may use 

16 such 60-day period for the purpose of concluding its 

17 activities. 

18 SEC. 10. FUNDING. 

19 There are authorized such sums as necessary to carry 

20 out this Act. 

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