I 
109TH CONGRESS 
2D SESSION 
H. R. 4948 
To abolish the Committee on Standards of Official Conduct in the House 
of Representatives, establish an Independent Ethics Commission, and 
provide for the transfer of the duties and functions of the committee 
to the Commission. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 14, 2006 
Mr. BLUMENAUER (for himself and Mr. WALDEN of Oregon) introduced the 
following bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committees on Rules 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 com-
mittee concerned 
A BILL 
To abolish the Committee on Standards of Official Conduct 
in the House of Representatives, establish an Inde-
pendent Ethics Commission, and provide for the transfer 
of the duties and functions of the committee to the 
Commission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ethics Reform Act 
of 2006’’. 
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TITLE I—TERMINATION OF COM-
MITTEE ON STANDARDS OF 
OFFICIAL CONDUCT IN THE 
HOUSE 
OF 
REPRESENTA-
TIVES 
SEC. 101. TERMINATION OF THE COMMITTEE ON STAND-
ARDS OF OFFICIAL CONDUCT. 
(a) TERMINATION.— 
(1) RULES.—(A) Clause 1 of rule X of the 
Rules of the House of Representatives is amended 
by striking paragraph (q) and by redesignating 
paragraphs (r), (s), and (t) as paragraphs (q), (r), 
and (s), respectively. 
(B) Rule XI of the Rules of the House of Rep-
resentatives is amended by striking clause 3 and re-
designating clauses 4 through 6 as clauses 3 
through 5, respectively. 
(2) LAW.—The Ethics Reform Act of 1989 
(Public Law 101–194) is amended by striking sub-
sections (b), (c), (d), and (i) of section 803 (2 
U.S.C. 29d). 
(b) CONFORMING AMENDMENTS.— 
(1) RULES.— 
(A) Clause 6(c)(5) of rule II of the Rules 
of the House of Representatives is amended— 
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(i) by striking ‘‘Committee on Stand-
ards of Official Conduct’’ and inserting 
‘‘Independent Ethics Commission’’; and 
(ii) by striking ‘‘clause 3(a)(3) of rule 
XI’’ and inserting ‘‘section 202(3) the Eth-
ics Reform Act of 2006’’. 
(B) Clause 1(m)(1) of rule X of such 
Rules is amended by striking ‘‘(other than 
those relating to the Code of Official Con-
duct)’’. 
(C) Clause 2(a)(16) of the Rules of the 
House of Representatives is amended by strik-
ing ‘‘Committee on Standards of Official Con-
duct’’ and inserting ‘‘Independent Ethics Com-
mission’’. 
(D) Clause 5 of rule X of such Rules is 
amended— 
(i) in subparagraph (a), by striking 
subparagraph (3) and by redesignating 
subparagraph (4) as subparagraph (3); 
and 
(ii) in subparagraph (b), by striking 
item (ii) and by redesignating item (iii) as 
item (ii). 
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(E) Clause 2(g)(1) of rule XI of such 
Rules is amended by striking ‘‘(other than the 
Committee on Standards of Official Conduct or 
its subcommittees)’’ each place it appears. 
(F) Clause 2(m)(3)(A) of rule XI of such 
Rules is amended by— 
(i) striking ‘‘(i) Except as provided in 
subdivision (A)(ii), a’’ and inserting ‘‘A’’; 
and 
(ii) striking item (ii). 
(G) Clause 3 of rule XIII of such Rules is 
amended— 
(i) by striking the last sentence of 
subparagraph (b); and 
(ii) in subparagraph (d)(3)(B), by 
striking ‘‘, or the Committee on Standards 
of Official Conduct’’ and by inserting ‘‘or’’ 
before ’’the Committee on Rules’’. 
(H) Clause 5(a) of rule XIII of such Rules 
is amended by striking subparagraph (5). 
(I) Clause 12 of rule XXIII of such Rules 
is amended by striking ‘‘Committee on Stand-
ards of Official Conduct’’ and inserting ‘‘Inde-
pendent Ethics Commission’’. 
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(J) Clause 2(e) of rule XXV of such Rules 
is amended by striking ‘‘Committee on Stand-
ards of Official Conduct’’ and inserting ‘‘Inde-
pendent Ethics Commission’’. 
(K) Clause 3(b) of rule XXV of such Rules 
is amended by striking ‘‘Committee on Stand-
ards of Official Conduct’’ and inserting ‘‘Inde-
pendent Ethics Commission’’. 
(L) Clause 5 of rule XXV of such Rules is 
amended by striking ‘‘Committee on Standards 
of Official Conduct’’ each place it appears and 
inserting ‘‘Independent Ethics Commission’’. 
(M) Clause 1 of rule XVI of such Rules is 
amended by striking ‘‘Committee on Standards 
of Official Conduct’’ and inserting ‘‘Inde-
pendent Ethics Commission’’. 
(2) LAW.—The following provisions are each 
amended by striking ‘‘Committee on Standards of 
Official Conduct’’ and inserting ‘‘Independent Ethics 
Commission’’: 
(A) Section 5(e) of Public Law 93–191 (2 
U.S.C. 501(e)). 
(B) Section 7342(a)(6)(A) of title 5, 
United States Code. 
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(C) Section 7353(d)(1) of title 5, United 
States Code. 
(D) Section 103(j)(1) of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.). 
(E) Section 109(1) of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.). 
(F) Section 109(18)(B) of the Ethics in 
Government Act of 1978 (5 U.S.C. App.). 
(G) Section 111(2) of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.). 
(H) Section 503(1)(A) of the Ethics in 
Government Act of 1978 (5 U.S.C. App.). 
(I) Sections 416(e) and 503 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1416(e) and 1433). 
(J) Section 803 of the Ethics Reform Act 
of 1989 (2 U.S.C 29d). 
SEC. 102. REFERENCE TO COMMITTEE ON STANDARDS OF 
OFFICIAL CONDUCT. 
Any reference in a law, regulation, document, paper, 
or other record of the United States to the ‘‘Committee 
on Standards of Official Conduct of the House of Rep-
resentatives’’ shall be deemed to be a reference to the 
‘‘Independent Ethics Commission’’. 
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TITLE II—ESTABLISHMENT OF 
COMMISSION 
SEC. 201. ESTABLISHMENT AND MEMBERSHIP OF COMMIS-
SION. 
(a) ESTABLISHMENT.—There is established an inde-
pendent commission within the legislative branch of the 
Government to be known as the Independent Ethics Com-
mission (in this title referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.—(1) The Commission shall consist 
of 11 individuals, 5 appointed by the Speaker, 5 by the 
minority leader of the House of Representatives, and one 
selected by the members of the Commission. Appointments 
of the members of the Commission by the Speaker and 
the minority leader shall be completed not later than 90 
days after the date of the enactment of this Act. 
(2) The Speaker and the minority leader shall each 
make such appointments after consulting with a broad 
cross section of the membership of the House of Rep-
resentatives. 
(c) CHAIRMAN.—The chairman shall be appointed 
from members of the Commission jointly by the Speaker 
and the minority leader of the House of Representatives. 
(d) QUALIFICATIONS.— 
(1) SPECIFIC QUALIFICATIONS.—Selection and 
appointment of members shall be without regard to 
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political affiliation and solely on the basis of fitness 
to perform the duties of the office. To be eligible for 
appointment to the Commission, an individual shall 
be a former Member of the House of Representa-
tives. 
(2) DISQUALIFICATIONS FOR APPOINTMENTS.— 
(A) LOBBYING.—No individual who is a 
lobbyist registered under the Lobbying Disclo-
sure Act of 1995 or engages in, or is otherwise 
employed in, lobbying of the Congress or who is 
an agent of a foreign principal registered under 
the Foreign Agents Registration Act shall be el-
igible for appointment to, or service on, the 
Commission. 
(B) INCOMPATIBLE OFFICE.—No member 
of the Commission appointed under subsection 
(b) may hold or have held within 2 years of the 
date of appointment the position of Member of 
the House of Representatives. 
(3) VACANCIES.—A vacancy on the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(e) TERM OF OFFICE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), membership on the Commission shall be 
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for 2 Congresses. A member of the Commission who 
is appointed to a term of office shall only be eligible 
for appointment for a single term of office. 
(2) FIRST
APPOINTMENTS.—Of the members 
first appointed to the Commission— 
(A) 3 appointed by the Speaker and 3 ap-
pointed by the minority leader shall have a term 
of office of 3 Congresses, 1 of whom shall be 
the Chair, as designated at the time of appoint-
ment by the Speaker, and 
(B) 4 shall have a term of office of 1 Con-
gress. 
(f) REMOVAL.— 
(1) AUTHORITY.—Any member of the Commis-
sion may be removed from office by agreement of 
the appointing authorities described in subsection 
(b), but only for— 
(A) disability that substantially prevents 
the member from carrying out the duties of the 
member, 
(B) incompetence, 
(C) neglect of duty, 
(D) malfeasance, including a felony or con-
duct involving moral turpitude, or 
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(E) holding an office or employment or en-
gaging in an activity that disqualifies the indi-
vidual from service as a member of the Com-
mission under subsection (d)(2). 
(2) STATEMENT OF REASONS FOR REMOVAL.— 
In removing a member of the Commission, the 
Speaker and the minority leader of the House of 
Representatives shall state in writing to the member 
of the Commission being removed the specific rea-
sons for the removal. 
(3) VACANCIES.—A vacancy on the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(g) COMPENSATION.—Each member of the Commis-
sion 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 such member is engaged in the per-
formance of the duties of the Commission. 
(h) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum. 
(i) MEETINGS.— 
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(1) IN GENERAL.—The Commission shall meet 
at the call of the chairperson or a majority of its 
members. 
(2) INITIAL MEETING.—The Commission shall 
hold its initial meeting not later than 60 days after 
the date on which appointments are completed. 
(j) DEFINITION—As used in this title, the term 
‘‘Member’’ or ‘‘Member of the House of Representatives’’ 
means any Representative in, or Delegate or Resident 
Commissioner to, the Congress. 
SEC. 202. DUTIES OF COMMISSION. 
The Commission is authorized— 
(1) to recommend to the House of Representa-
tives, from time to time, such administrative actions 
as it may deem appropriate to establish or enforce 
standards of official conduct for Members, officers, 
and employees of the House of Representatives; 
(2)(A) to investigate any alleged violation, by a 
Member, officer, or employee of the House of Rep-
resentatives, of any law, rule, regulation, or other 
standard of conduct applicable to the conduct of 
such Member, officer, or employee in the perform-
ance of his duties or the discharge of his responsibil-
ities, and after notice and hearing (unless the right 
to a hearing is waived by the Member, officer, or 
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employee), shall report to the House of Representa-
tives its findings of fact and recommendations, if 
any, upon the final disposition of any such investiga-
tion, and such action as the Commission may deem 
appropriate in the circumstances; 
(B) to issue any letter of reproval or admonish-
ment with respect to such an alleged violation; 
(3) to report to the appropriate Federal or 
State authorities, with the approval of the House of 
Representatives, any substantial evidence of a viola-
tion, by a Member, officer, or employee of the House 
of Representatives, of any law applicable to the per-
formance of his duties or the discharge of his re-
sponsibilities, which may have been disclosed in a 
Commission investigation; 
(4) to give consideration to the request of any 
Member, officer, or employee of the House of Rep-
resentatives for an advisory opinion with respect to 
the general propriety of any current or proposed 
conduct of such Member, officer, or employee and, 
with appropriate deletions to assure the privacy of 
the individual concerned, to publish such opinion for 
the guidance of other Members, officers, and em-
ployees of the House of Representatives; 
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(5) to provide information and guidance to 
Members, officers, and employees of the House of 
Representatives regarding any laws, rules, regula-
tions, and other standards of conduct applicable to 
such individuals in their official capacities, and de-
velop and carry out periodic educational briefings for 
Members, officers, and employees of the House of 
Representatives on those laws, rules, regulations, or 
other standards; and 
(6) to review all reports filed by Members, offi-
cers, and employees of the House of Representatives 
and lobbyists for inconsistencies or mutual interests 
and expenditures between any of them and lobbyists. 
SEC. 203. PROCEDURAL RULES. 
(a) MAJORITY APPROVAL.—No resolution, report, 
recommendation, or advisory opinion relating to the offi-
cial conduct of a Member, officer, or employee of the 
House shall be made by the Commission, and no investiga-
tion of such conduct shall be undertaken by the Commis-
sion, unless approved by the affirmative vote of a majority 
of the members of the Commission. 
(b) INVESTIGATIONS.—Except in the case of an in-
vestigation undertaken by the Commission on its own ini-
tiative, the Commission may undertake an investigation 
relating to the official conduct of an individual Member, 
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officer, or employee of the House of Representatives 
only— 
(1) upon receipt of a complaint, in writing and 
under oath, made by or submitted to a Member of 
the House of Representatives and transmitted to the 
Commission by such Member, or 
(2) upon receipt of a complaint, in writing and 
under oath, directly from an individual not a Mem-
ber of the House of Representatives if the Commis-
sion finds that such complaint has been submitted 
by such individual to not less than three Members 
of the House who have refused, in writing, to trans-
mit such complaint to the Commission. 
(c) PROHIBITION OF CERTAIN INVESTIGATIONS.—No 
investigation shall be undertaken by the Commission of 
any alleged violation of a law, rule, regulation, or standard 
of conduct not in effect at the time of the alleged violation; 
nor shall any investigation be undertaken by the Commis-
sion of any alleged violation which occurred before the 
third previous Congress unless the Commission determines 
that the alleged violation is directly related to any alleged 
violation which occurred in a more recent Congress. 
(d) DISCLOSURE.—No information or testimony re-
ceived, or the contents of a complaint or the fact of its 
filing, shall be publicly disclosed by any member of the 
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Commission or staff of the Commission unless specifically 
authorized in each instance by a vote of the full Commis-
sion. 
SEC. 204. STAFF OF COMMISSION. 
The Commission may appoint and fix the compensa-
tion of such staff as the Commission considers necessary 
to perform its duties. The director shall be appointed 
jointly by the Speaker and minority leader for a term of 
7 years and shall be paid at a rate not exceed the rate 
of basic pay payable for Level IV of the Executive Sched-
ule. The director shall be eligible for reappointment for 
one additional term of 7 years. 
SEC. 205. ADVICE AND EDUCATION. 
(a) ESTABLISHMENT.—The Independent Commission 
on House Ethics shall establish within the Commission an 
Office on Advice and Education (hereinafter in this section 
referred to as the ‘‘Office’’) under the supervision of the 
chairman of the Commission. 
(b) STAFF.—The head of the Office shall be ap-
pointed by the chairman and the Office shall be comprised 
of such staff as the chairman determines is necessary to 
carry out the responsibilities of the Office. 
(c) DUTIES AND RESPONSIBILITIES.—The primary 
duties and responsibilities of the Office shall include: 
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(1) Providing information and guidance to 
Members, officers and employees of the House re-
garding any laws, rules, regulations, and other 
standards of conduct applicable to such individuals 
in their official capacities, and any interpretations 
and advisory opinions of the Commission. 
(2) Submitting to the chairman of the Commis-
sion any written request from any such Member, of-
ficer or employee for an interpretation of applicable 
laws, rules, regulations, or other standards of con-
duct, together with any recommendations thereon. 
(3) Recommending to the Commission for its 
consideration formal advisory opinions of general ap-
plicability. 
(4) Developing and carrying out, subject to the 
approval of the chairman, periodic educational brief-
ings for Members, officers and employees of the 
House on those laws, rules, regulations, or other 
standards of conduct applicable to them. 
(d) SPECIAL RULE.—No information provided to the 
Commission by a Member, officer or employee of the 
House of Representatives when seeking advice regarding 
prospective conduct of such Member, officer or employee 
may be used as the basis for initiating an investigation 
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if such Member, officer or employee acts in accordance 
with the written advice of the Commission. 
SEC. 206. LOBBYING DISCLOSURE ACT AMENDMENTS. 
(a) TRANSFER
OF FUNCTIONS
TO INDEPENDENT 
ETHICS COMMISSION.—The Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.) is amended— 
(1) in section 4— 
(A) in subsection (a)(1), by striking ‘‘Sec-
retary of the Senate and the Clerk of the House 
of Representatives’’ and inserting ‘‘Independent 
Ethics Commission’’; and 
(B) in subsection (d), by striking ‘‘Sec-
retary of the Senate and the Clerk of the House 
of Representatives’’ and inserting ‘‘Independent 
Ethics Commission’’; 
(2) in section 6, by striking ‘‘Secretary of the 
Senate and the Clerk of the House of Representa-
tives’’ and inserting ‘‘Independent Ethics Commis-
sion’’; 
(3) in section 7, by striking ‘‘Secretary of the 
Senate or the Clerk of the House of Representa-
tives’’ and inserting ‘‘Independent Ethics Commis-
sion’’; and 
(4) in section 8, by striking ‘‘Secretary of the 
Senate or the Clerk of the House of Representa-
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tives’’ and inserting ‘‘Independent Ethics Commis-
sion’’. 
(b) TIMING OF REPORTS; ELECTRONIC FILING.— 
Section 5 of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1604) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) QUARTERLY REPORTS.—No later than 30 day 
after the end of the 3-month period beginning on January 
1, April 1, July 1, and October 1 of each year in which 
a registrant is registered under section 4, each registrant 
shall file a report with the Independent Ethics Commis-
sion on its lobbying activities during that 3-month period. 
A separate report shall be filed for each client of the reg-
istrant.’’; and 
(2) by adding at the end the following: 
‘‘(d) ELECTRONIC FILING.—Each report filed under 
subsection (a) shall be filed in electronic form, in addition 
to any other form that may be required by the Inde-
pendent Ethics Commission.’’. 
(c) AVAILABILITY OF ELECTRONIC FILINGS.—Sec-
tion 6(4) of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1605) is amended— 
(1) by striking ‘‘(4)’’ and inserting ‘‘(4)(A) sub-
ject to subparagraph (B),’’; and 
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(2) by adding at the end the following: 
‘‘(B) not later than 30 days after reports are 
filed in electronic form under section 5(d), make 
such reports available to the public over the Inter-
net, without a fee or other access charge;’’. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. TRANSITION PROVISIONS. 
In the case of investigations pending before the Com-
mittee on Standards of Official Conduct on the day before 
6 months after the date of the enactment of this Act, the 
proceedings shall be continued by the Independent Ethics 
Commission. 
SEC. 302. ACTION ON INDEPENDENT ETHICS COMMISSION 
RECOMMENDATIONS. 
(a) PRINTING
OF REPORTS
IN CONGRESSIONAL 
RECORD.—Upon the receipt by the House of Representa-
tives of any report of the Independent Ethics Commission 
made to the House of Representatives under section 
202(2), the Speaker shall have the report printed in the 
Congressional Record. 
(b) HOUSE CONSIDERATION OF INDEPENDENT ETH-
ICS COMMISSION RECOMMENDATIONS.—Within 30 cal-
endar days after a report referred to in subsection (a) is 
printed in the Congressional Record, that portion of the 
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report recommending action by the House of Representa-
tives respecting any alleged violation, by a Member, offi-
cer, or employee of the House of Representatives, of any 
law, rule, regulation, or other standard of conduct applica-
ble to the conduct of such Member, officer, or employee 
in the performance of his duties or the discharge of his 
responsibilities shall be introduced (by request) in the 
House by the majority leader of the House, for himself 
and the minority leader of the House in the form of a 
resolution. This resolution shall constitute a question of 
privilege under rule IX of the Rules of the House of Rep-
resentatives. Any Member favoring the resolution may call 
it up as a question of privilege but only on the third day 
after the calendar date upon which such Member an-
nounces to the House his intention to do so. 
SEC. 303. EXERCISE OF CONGRESSIONAL RULEMAKING 
POWER. 
The provisions of title I amending the Rules of the 
House of Representatives and sections 301 and 302 are 
enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the House of Representatives, and as such they shall 
be considered a part of the rules of the House of 
Representatives and such rules shall supersede other 
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rules only to the extent that they are inconsistent 
therewith; and 
(2) with full recognition of the constitutional 
right of the House of Representatives to change 
such rules at any time in the same manner and to 
the same extent as in the case of any other rule of 
such House. 
SEC. 304. EFFECTIVE DATE. 
This Act and the amendments made by it shall take 
effect 6 months after the date of its enactment, except 
that sections 201, 204, and 205 shall take effect upon its 
date of enactment. 
Æ 
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