```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4988 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 4988

 To amend the Rules of the House of Representatives to strengthen the 
                ethics process, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

 Mr. Hefley (for himself, Mr. Hulshof, Mr. Gutknecht, Mr. LaTourette, 
Mr. Jones of North Carolina, Mr. Peterson of Minnesota, Mr. English of 
 Pennsylvania, Mr. Shadegg, Mr. Weldon of Pennsylvania, Mr. Beauprez, 
  and Mr. Udall of Colorado) introduced the following bill; which was 
 referred to the Committee on Rules, and in addition to the Committees 
on Standards of Official Conduct and the Judiciary, 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 the Rules of the House of Representatives to strengthen the 
                ethics process, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``House Ethics 
Reform Act of 2006''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                           TITLE I--TRAINING

Sec. 101. Mandatory annual ethics training;
Sec. 102. Ethics officers.
                     TITLE II--ETHICS INVESTIGATION

Sec. 201. Ethics investigatory powers and procedures.
Sec. 202. Letters of admonition.
Sec. 203. Due process rights of respondents.
Sec. 204. Simplification of settlement during ethics process.
                   TITLE III--ETHICS COMMITTEE REFORM

Sec. 301. Amendment to Code of Official Conduct to add the Code of 
                            Ethics for Government Service.
Sec. 302. Renaming the Committee on Standards of Official Conduct the 
                            Ethics Committee.
Sec. 303. Terms of service of chairman and ranking minority member of 
                            Ethics Committee.
Sec. 304. Removal of chairman and ranking minority member of Ethics 
                            Committee.
Sec. 305. Prohibited consultations.
Sec. 306. Removal of Ethics Committee staff.
                            TITLE IV--TRAVEL

Sec. 401. Required certification that congressional travel meets 
                            certain conditions.
Sec. 402. Disclosure by lobbyists of activities related to 
                            congressional travel.
Sec. 403. Enhanced travel records for privately-funded official travel.
Sec. 404. Member and employee travel on corporate jets.
                           TITLE V--LOBBYISTS

Sec. 501. Immediate electronic disclosure of lobbyist and foreign agent 
                            registrations.
                          TITLE VI--GIFT RULE

Sec. 601. Disclosure of gifts.
                     TITLE VI--FINANCIAL DISCLOSURE

Sec. 701. Posting of lobbying registration and disclosure statements on 
                            House of Representatives Internet site.

                           TITLE I--TRAINING

SEC. 101. MANDATORY ANNUAL ETHICS TRAINING;

    Clause 3 of rule XI of the Rules of the House of Representatives is 
amended by adding at the end the following new paragraph:
``Ethics training
    ``(r) Within 120 days after an individual takes office each 
Congress in the case of a Member, Delegate, or Resident Commissioner or 
120 days after the individual is appointed in the case of an officer, 
the Ethics Committee shall--
            ``(1) provide comprehensive ethics training for each 
        Member, Delegate, Resident Commissioner, and officer of the 
        House; and
            ``(2) provide regular comprehensive ethics training for 
        each ethics officer.
The committee shall maintain an up-to-date list on its website on the 
Internet of the names of all Members, Delegates, and the Resident 
Commissioner who have received such training.''.

SEC. 102. ETHICS OFFICERS.

    Clause 3 of rule XI of the Rules of the House of Representatives 
(as amended by section 101) is further amended by adding at the end the 
following new paragraph:
``Ethics officers
    ``(s)(1) Each Member, Delegate, Resident Commissioner, officer, 
standing committee, and permanent select committee of the House shall--
            ``(A) designate an employee to serve as the ethics officer 
        for that office;
            ``(B) notify the Ethics Committee of the name and e-mail 
        address of the ethics officer; and
            ``(C) notify the Ethics Committee whenever a new ethics 
        officer is designated.
    ``(2) Each ethics officer shall--
            ``(A) certify to the Ethics Committee that ethics notices 
        have been distributed to and received by each employee of the 
        Member, Delegate, Resident Commissioner, officer, standing 
        committee, and permanent select committee of the House by whom 
        such ethics officer is employed; and
            ``(B) provide each employee and the Member, Delegate, 
        Resident Commissioner, or officer by whom such ethics officer 
        is employed all pertinent information provided by the Ethics 
        Committee at each regular ethics training session.
Nothing in this paragraph shall be construed to impose any liability on 
any ethics officer for any ethic violations of any such employee.''.

                     TITLE II--ETHICS INVESTIGATION

SEC. 201. ETHICS INVESTIGATORY POWERS AND PROCEDURES.

    Clause 3 of rule XI of the Rules of the House of Representatives 
(as amended by section 102) is further amended by adding at the end the 
following new paragraph:
``Investigatory powers and procedures
    ``(s) The committee shall adopt rules to--
            ``(1) authorize the chairman and ranking minority member of 
        the committee the power to authorize and issue subpoenas after 
        they jointly determine, pursuant to paragraph (k)(1), that 
        information submitted to the committee meets the requirements 
        of the rules of the committee for what constitutes a complaint 
        and before the establishment of an investigative subcommittee 
        or when the committee undertakes an investigation on its own 
        initiative;
            ``(2)(A) provide the committee with the authority to issue 
        a Letter of Admonition to any Member, Delegate, Resident 
        Commissioner, officer, or employee of the House upon dismissal 
        of a complaint, pursuant to paragraph (k)(1) or when the 
        committee undertakes an investigation on its own initiative, 
        after informal fact-finding or at the conclusion of an 
        investigation as an additional alternative to a Letter of 
        Reproval;
            ``(B) require that each such Letter of Admonition includes 
        the following statement: `Resolution of a complaint or 
        investigation by a Letter of Admonition is appropriate where, 
        according to the information before the committee, the 
        respondent's conduct either violates or raises concerns under 
        the Rules of the House of Representatives and standards of 
        conduct, but the circumstances, including the completeness of 
        the information before the committee and the nature of the 
        violation, indicate that a formal investigation or sanction is 
        not warranted.'; and
            ``(C) provide that whenever the committee determines, by a 
        majority vote, that there is evidence that a violation within 
        the jurisdiction of the committee has occurred, but that the 
        alleged violation is inadvertent, technical, or otherwise of a 
        de minimis nature, the committee may issue a public or private 
        Letter of Admonition, which shall not be considered a sanction 
        and which shall not be subject to appeal to the House.''.

SEC. 202. LETTERS OF ADMONITION.

    Clause 3(a) of rule XI of the Rules of the House of Representatives 
is amended by adding at the end the following new subparagraph:
            ``(6) At any time after receipt of information offered as a 
        complaint pursuant to this clause or in the case of an 
        investigation undertaken by the committee on its own 
        initiative, the committee may, if it deems appropriate, issue a 
        Letter of Admonition to the applicable Member, Delegate, 
        Resident Commissioner, officer, or employee of the House.''.

SEC. 203. DUE PROCESS RIGHTS OF RESPONDENTS.

    Clause 3(p) of rule XI of the Rules of the House of Representatives 
is amended by striking ``and'' at the end of subparagraph (7), by 
striking the period and inserting ``; and'' at the end of subparagraph 
(8), and by adding at the end the following new subparagraph:
            ``(9)(A) whenever the committee or an investigative 
        subcommittee proposes to issue a letter (including a letter of 
        admonition) or other document that includes comments critical 
        of the conduct of a Member, Delegate, Resident Commissioner, 
        officer, or employee of the House, it shall provide prior 
        notice and equal opportunity to respond;
            ``(B) a Member, Delegate, Resident Commissioner, officer, 
        or employee of the House has the right to notification of the 
        decision of the committee to dismiss a complaint, send a letter 
        pursuant to paragraph (k)(1)(A), create an investigative 
        subcommittee, or any other committee action, including a report 
        or letter that alleges that such individual has or may have 
        violated the Code of Official Conduct; and
            ``(C) a Member, Delegate, Resident Commissioner, officer, 
        or employee of the House shall have 7 calendar days to respond 
        in writing to any letter or notice provided pursuant to this 
        subparagraph, and that any such response shall be appended to 
        the report or letter.''.

SEC. 204. SIMPLIFICATION OF SETTLEMENT DURING ETHICS PROCESS.

    Clause 3(p) of rule XI of the Rules of the House of Representatives 
(as amended by section 303) is further amended by striking ``and'' at 
the end of subparagraph (8), by striking the period and inserting ``; 
and'' at the end of subparagraph (9), and by adding at the end the 
following new subparagraph:
            ``(10) a respondent may negotiate a settlement at any time 
        after an investigation pursuant to a complaint or undertaken at 
        its own initiative is undertaken by the committee.''.

                   TITLE III--ETHICS COMMITTEE REFORM

SEC. 301. AMENDMENT TO CODE OF OFFICIAL CONDUCT TO ADD THE CODE OF 
              ETHICS FOR GOVERNMENT SERVICE.

    Rule XXIII of the Rules of the House of Representatives is amended 
by redesignating clause 14 as clause 15 and by inserting after clause 
13 the following new clause:
    ``14. A Member, Delegate, Resident Commissioner, officer, or 
employee of the House should:
            ``(A) Put loyalty to the highest moral principles and to 
        country above loyalty to Government, persons, party, or 
        department.
            ``(B) Uphold the Constitution, laws, and legal regulations 
        of the United States and of all governments therein and never 
        be a party to their evasion.
            ``(C) Give a full day's labor for a full day's pay; giving 
        to the performance of his duties his earnest effort and best 
        thought.
            ``(D) Seek to find and employ more efficient and economical 
        ways of getting tasks accomplished.
            ``(E) Never discriminate unfairly by the dispensing of 
        special favors or privileges to anyone, whether for 
        remuneration or not; and never accept, for himself or his 
        family, favors or benefits under circumstances which might be 
        construed by reasonable persons as influencing the performance 
        of his governmental duties.
            ``(F) Make no private promises of any kind binding upon the 
        duties of office, since a Government employee has no private 
        word which can be binding on public duty.
            ``(G) Engage in no business with the Government, either 
        directly or indirectly, which is inconsistent with the 
        conscientious performance of his governmental duties.
            ``(H) Never use any information coming to him 
        confidentially in the performance of governmental duties as a 
        means for making private profit.
            ``(I) Expose corruption wherever discovered.
            ``(J) Uphold these principles, ever conscious that public 
        office is a public trust.''.

SEC. 302. RENAMING THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT THE 
              ETHICS COMMITTEE.

    The Rules of the House of Representatives are amended by striking 
``Committee on Standards of Official Conduct'' each place it appears 
and inserting ``Ethics Committee''.

SEC. 303. TERMS OF SERVICE OF CHAIRMAN AND RANKING MINORITY MEMBER OF 
              ETHICS COMMITTEE.

    Clause 5(a)(3)(C) of rule X of the Rules of the House of 
Representatives is amended by striking ``fourth'' and inserting 
``sixth'' and by striking ``five'' and inserting ``seven''.

SEC. 304. REMOVAL OF CHAIRMAN AND RANKING MINORITY MEMBER OF ETHICS 
              COMMITTEE.

    Clause 5(a)(3) of rule X of the Rules of the House of 
Representatives is amended by adding at the end the following new 
subdivision:
    ``(D) The chairman or the ranking minority member of the Ethics 
Committee may be removed before the end of a Congress only by the 
affirmative vote of two-thirds of the total membership of the House.''.

SEC. 305. PROHIBITED CONSULTATIONS.

    Clause 3 of rule XI of the Rules of the House of Representatives 
(as amended by section 301) is further amended by adding at the end the 
following new paragraph:
``Prohibited consultations
    ``(t) Neither the chairman nor the ranking minority member of the 
committee may consult or otherwise discuss with the Speaker or the 
majority or minority leader, or the staff of any such Member, any 
investigation by the committee (or any subcommittee thereof), including 
scheduling matters.''.

SEC. 306. REMOVAL OF ETHICS COMMITTEE STAFF.

    Clause 3(g)(3)(A) of rule XI of the Rules of the House of 
Representatives is amended by adding at the end the following new 
sentence: ``Any existing staff member may only not be rehired at the 
beginning of a Congress or may only be removed by the affirmative vote 
of a majority of the total membership of the committee.''.

                            TITLE IV--TRAVEL

SEC. 401. REQUIRED CERTIFICATION THAT CONGRESSIONAL TRAVEL MEETS 
              CERTAIN CONDITIONS.

    Clause 5 of rule XXV of the Rules of the House of Representatives 
is amended by redesignating paragraphs (e) and (f) as paragraphs (g) 
and (h), respectively, and by inserting after paragraph (d) the 
following new paragraphs:
    ``(e) Before a Member, Delegate, Resident Commissioner, officer, or 
employee of the House may accept a gift of transportation or lodging 
permissible under this clause from any person, such Member, Delegate, 
Resident Commissioner, officer, or employee of the House, as 
applicable, shall obtain a written certification from the Ethics 
Committee (and provide a copy of such certification to the Clerk) 
that--
            ``(1) the trip was not planned, organized, arranged, or 
        financed by a registered lobbyist or foreign agent and was not 
        organized at the request of a registered lobbyist or foreign 
        agent;
            ``(2) the person did not accept, from any source, funds 
        specifically earmarked for the purpose of financing the travel 
        expenses; and
            ``(3) the trip is permissible under these rules.
The Clerk shall make public on its website on the Internet information 
received under this paragraph within 10 days.
    ``(f) Before a Member, Delegate, Resident Commissioner, officer, or 
employee of the House, or a spouse or dependent thereof, may take a 
privately-funded trip, that Member, Delegate, Resident Commissioner, 
officer, or employee shall provide the complete itinerary and total 
estimated cost of that trip and the Ethics Committee shall have 
determined that the proposed funding and itinerary complies with all 
rules of the House, including the certification required by paragraph 
(d).''.

SEC. 402. DISCLOSURE BY LOBBYISTS OF ACTIVITIES RELATED TO 
              CONGRESSIONAL TRAVEL.

    (a) Payments to Organizations That Fund Congressional Travel.--
Whenever a lobbyist required to register under the Lobbying Disclosure 
Act of 1995 provides funding to an organization that funds official 
travel of a Member of Congress, the lobbyist shall, not more than 48 
hours after providing those funds, disclose to the Clerk of the House 
of Representatives--
            (1) the organization;
            (2) the Member;
            (3) the amount of the funds; and
            (4) the date and nature of the travel.
    (b) Membership in Organization That Funds Congressional Travel.--
Whenever a lobbyist required to register under the Lobbying Disclosure 
Act of 1995 becomes a member of an organization that funds official 
travel of a Member of Congress, the lobbyist shall, not more than 48 
hours after becoming a member of the organization or after the 
organization funds the travel, as the case may be, disclose to the 
Clerk of the House of Representatives--
            (1) the organization;
            (2) the Member;
            (3) the amount of the funds; and
            (4) the date and nature of the travel.
    (c) In-Person Lobbying Contact During Congressional Travel.--
Whenever a lobbyist required to register under the Lobbying Disclosure 
Act of 1995 has an in-person lobbying contact with a covered 
legislative branch official while the official is on official travel, 
the lobbyist shall, not more than 48 hours after the lobbying contact, 
disclose to the Clerk of the House of Representatives--
            (1) the official;
            (2) the date and nature of the lobbying contact; and
            (3) the client on whose behalf the lobbying contact was 
        made.

SEC. 403. ENHANCED TRAVEL RECORDS FOR PRIVATELY-FUNDED OFFICIAL TRAVEL.

    (a) Enhanced Travel Records.--Clause 5(b)(1)(A)(ii) of rule XXV of 
the Rules of the House of Representatives is amended by--
            (1) inserting ``a detailed description of each of'' before 
        ``the expenses'';
            (2) striking ``30 days'' and inserting ``10 days''; and
            (3) inserting ``, including a description of all meetings, 
        tours, events, and outings during such travel'' before the 
        period at the end thereof.
    (b) Electronic Form.--Clause 5(b)(1)(A) of rule XXV of the Rules of 
the House of Representatives is amended by adding at the end the 
following new sentence:
``The disclosures required by this subdivision shall be made to the 
Clerk in electronic form and posted on its website on the Internet.''.

SEC. 404. MEMBER AND EMPLOYEE TRAVEL ON CORPORATE JETS.

    Clause 5(b) of rule XXV of the Rules of the House of 
Representatives is amended by adding at the end the following new 
subparagraph:
    ``(6) Not later than 10 days after completion of travel on a flight 
on an aircraft that is not licensed by the Federal Aviation 
Administration to operate for compensation or hire, excluding a flight 
on an aircraft owned, operate, or leased by a governmental entity, 
taken in connection with the duties of the Member, Delegate, Resident 
Commissioner, officer, or employee approved by the Ethics Committee, 
that individual shall file with the Clerk a description of meetings and 
events attended during such travel and the names of all passengers who 
accompanied that individual during the travel, except when disclosure 
of such information is deemed by the Member, Delegate, Resident 
Commissioner, or supervisor under whose direct supervision the employee 
is employed to jeopardize the safety of an individual or adversely 
affect national security. Such information shall be posted by the Clerk 
on a public database and on the Member's, Delegate's, or Resident 
Commissioner's official website not later than 10 days after the 
completion of the travel, except when disclosure of such information is 
deemed by the Member, Delegate, or Resident Commissioner to jeopardize 
the safety of an individual or adversely affect national security.''.

                           TITLE V--LOBBYISTS

SEC. 501. IMMEDIATE ELECTRONIC DISCLOSURE OF LOBBYIST AND FOREIGN AGENT 
              REGISTRATIONS.

    (a) Prompt Registration Required.--Any person required to register 
under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or 
the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 
et seq.), shall, in addition to any other requirements imposed by 
either such Act or other law, register with the Clerk of the House of 
Representatives within 10 days. Each such registration shall be filed 
electronically, in a form acceptable to the Clerk of the House.
    (b) Electronic Database Available to Public.--The Clerk of the 
House of Representatives shall maintain, and make available to the 
public, an electronic database of all registrations filed under 
subsection (a). Such electronic database shall be established within 
180 days after the date of enactment of this Act.

                          TITLE VI--GIFT RULE

SEC. 601. DISCLOSURE OF GIFTS.

    (a) Disclosure by Members.--Clause 5(a) of rule XXV of the Rules of 
the House of Representatives is amended by adding at the end the 
following new subparagraph:
    ``(7) Whenever a Member, Delegate, Resident Commissioner, officer, 
or employee receives a gift having a value of at least $20 and that is 
not from a family member or described in subparagraph (3), that 
individual shall publicly disclose on the Member's, Delegate's, or 
Resident Commissioner's official website a description of the gift, its 
estimated value, and the identity of the person providing such gift 
within 10 days and provide such information to the Clerk. The Clerk 
shall make public this information on its website on the Internet as 
soon as possible after it is received, but not later than 60 days after 
such receipt.''.
    (b) Disclosure by Lobbyists and Agents of Foreign Principals.--
            (1) Disclosure.--Whenever a person required to register 
        under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et 
        seq.) or the Foreign Agents Registration Act of 1938, as 
        amended (22 U.S.C. 611 et seq.), or an employee of that person, 
        gives a gift that must be disclosed under clause 5(a)(7) of 
        rule XXV of the Rules of the House of Representatives, that 
        person shall, in addition to any other requirements imposed by 
        either such Act or other law, disclose to the Clerk of the 
        House of Representatives, within 10 days after the gift is 
        given--
                    (A) the nature and amount of the gift; and
                    (B) the identity of the recipient of the gift.
 The Clerk shall make public this information as soon as possible after 
it is received, but not later than 60 days after such receipt.
            (2) Penalties.--The penalties under the Lobbying Disclosure 
        Act of 1995 shall apply to persons required to register under 
        that Act who violate paragraph (1), and the penalties under the 
        Foreign Agents Registration Act of 1938, as amended, shall 
        apply persons required to register under that Act who violate 
        paragraph (1).

                     TITLE VI--FINANCIAL DISCLOSURE

SEC. 701. POSTING OF LOBBYING REGISTRATION AND DISCLOSURE STATEMENTS ON 
              HOUSE OF REPRESENTATIVES INTERNET SITE.

    (a) In General.--Not later than 30 days after receipt, the Clerk of 
the House of Representatives shall post on the official public Internet 
site of the House of Representatives each registration and report filed 
with and retained by the Clerk under the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.), in a manner similar to the manner by 
which the Secretary of the Senate posts on the official Internet site 
of the Senate the registrations and reports filed with and retained by 
the Secretary under such Act.
    (b) Providing Notice on Forms.--The Clerk shall include on each 
registration and report form prepared and provided by the Clerk for 
purposes of the Lobbying Disclosure Act of 1995 a statement that the 
completed form will be posted on the official public Internet site of 
the House of Representatives in accordance with subsection (a).
    (c) Effective Date.--This section shall apply with respect to all 
registrations and reports filed with the Clerk of the House of 
Representatives on or after the date of the enactment of this Act.
                                 <all>
```