HR 422 IHCommentsClose CommentsPermalink

To establish the Office of Public Integrity as an independent office within the legislative branch of the Government, to reduce the duties of the Committee on Standards of Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate, and for other purposes.CommentsClose CommentsPermalink

January 11, 2007

Mr. MEEHAN (for himself, Mr. SHAYS, and Mrs. WILSON of New Mexico) introduced the following bill; which was referred to the Committee on House Administration, 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 committee concernedCommentsClose CommentsPermalink

To establish the Office of Public Integrity as an independent office within the legislative branch of the Government, to reduce the duties of the Committee on Standards of Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY.

There is established, as an independent office within the legislative branch of the Government, the Office of Public Integrity (hereinafter referred to as the `Office').CommentsClose CommentsPermalink

SEC. 2. DIRECTOR.

(a) APPOINTMENT OF DIRECTOR- (1) The Office shall be headed by a Director who shall be appointed jointly by the Speaker of the House of Representatives, the majority leader of the Senate, and the minority leaders of the House of Representatives and the Senate. The selection and appointment of the Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office.CommentsClose CommentsPermalink





(2)(A) No individual who has been a registered lobbyist under the Lobbying Disclosure Act of 1995 or an agent of a foreign government under the Foreign Agents Registration Act within 5 years of the date of appointment shall be eligible for appointment as the Director.CommentsClose CommentsPermalink





(B) The Director may not have been a Member of the House of Representatives or Senator.CommentsClose CommentsPermalink





(C) The Director shall possess demonstrated integrity, independence, and public credibility and shall have training or experience in law enforcement, the judiciary, or as a member of a Federal, State, or local ethics enforcement agency.CommentsClose CommentsPermalink





(b) VACANCY- A vacancy in the directorship shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





(c) Term of Office- The Director shall serve for a term of 5 years and may be reappointed.CommentsClose CommentsPermalink





(d) Removal- The Director may be removed by a majority of the appointing authority for--CommentsClose CommentsPermalink





(1) disability that substantially prevents the Director from carrying out his duties;CommentsClose CommentsPermalink





(2) incompetence;CommentsClose CommentsPermalink





(3) neglect of duty; orCommentsClose CommentsPermalink





(4) malfeasance, including a felony or conduct involving moral turpitude.CommentsClose CommentsPermalink





In removing the Director, a statement of the reasons for removal shall be provided in writing to the Director by the members who voted for removing the Director and shall be made public.CommentsClose CommentsPermalink





(e) Compensation- The Director shall be compensated at the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 3. DUTIES AND POWERS OF THE OFFICE.

(a) DUTIES- The Office is authorized--CommentsClose CommentsPermalink





(1) to receive, monitor, and oversee financial disclosure and other reports filed by Members of Congress and officers and employees of Congress under the Ethics in Government Act of 1978, and reports filed by registered lobbyists under the Lobbying Disclosure Act of 1995;CommentsClose CommentsPermalink





(2) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives or the Senate, of any rule or other standard of conduct applicable to the conduct of such Member, officer, or employee under applicable House or Senate rules in the performance of his duties or the discharge of his responsibilities;CommentsClose CommentsPermalink





(3) to present a case of probable ethics violations to the Committee on Standards of Official Conduct of the House of Representatives or the Senate Select Committee on Ethics;CommentsClose CommentsPermalink





(4) to make recommendations to the Committee on Standards of Official Conduct of the House of Representatives or the Senate Select Committee on Ethics that it report to the appropriate Federal or State authorities any substantial evidence of a violation by a Member, officer, or employee of the House of Representatives or the Senate of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in an investigation by the Office;CommentsClose CommentsPermalink





(5) to provide information and informal guidance to Members, officers and employees of the House of Representatives and the Senate regarding any rules and other standards of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members, officers, and employees of the House of Representatives on those laws, rules, regulations, or other standards;CommentsClose CommentsPermalink





(6) to give consideration to the request of any Member, officer, or employee of the House of Representatives or the Senate for a formal advisory opinion or other formal ruling, subject to the review of the Committee on Standards of Official Conduct of the House of Representatives or the Senate Select Committee on Ethics, as applicable, 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 employees of the House of Representatives or the Senate;CommentsClose CommentsPermalink





(7) to conduct periodic and random reviews and audits of reports filed with it to ensure compliance with all applicable laws and rules; andCommentsClose CommentsPermalink





(8) to provide informal guidance to registrants under the Lobbying Disclosure Act of 1995 of their responsibilities under such Act.CommentsClose CommentsPermalink





(b) POWERS-CommentsClose CommentsPermalink





(1) Obtaining information- Upon request of the Office, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Director to enable the Office to carry out its duties.CommentsClose CommentsPermalink





(2) REFERRALS TO THE DEPARTMENT OF JUSTICE- Whenever the Director has reason to believe that a violation of the Lobbying Disclosure Act of 1995 may have occurred, he shall refer that matter to the Department of Justice for it to investigate.CommentsClose CommentsPermalink





(3) GENERAL AUDITS- The Director shall have the authority to conduct general audits of filings under the Lobbying Disclosure Act of 1995.CommentsClose CommentsPermalink

SEC. 4. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT OR THE SENATE SELECT COMMITTEE ON ETHICS.

(a) INITIATION OF ENFORCEMENT MATTERS- (1) An investigation may be initiated by the filing of a complaint with the Office by a Member of Congress or an outside complainant, or by the Office on its own initiative, based on any information in its possession. The Director shall not accept a complaint concerning a Member of Congress within 60 days of an election involving such Member.CommentsClose CommentsPermalink





(2) In the case of a complaint that is filed, the Director shall within 30 days make an initial determination as to whether the complaint should be dismissed or whether there are sufficient grounds to conduct an investigation. The subject of the complaint shall be provided by the Director with an opportunity during the 30-day period to challenge the complaint. In any case where the Director decides to dismiss a complaint, the Director can determine the complaint to be frivolous.CommentsClose CommentsPermalink





(3) Whenever the Director determines that a complaint is frivolous, the Director shall not accept any future complaint filed by that same person and the complainant shall be required to pay for the costs of the Office resulting from such complaint. The Director may refer the matter to the Department of Justice to collect such costs.CommentsClose CommentsPermalink





(4) For any investigation conducted by the Office at its own initiative, the Director shall make a preliminary determination of whether there are sufficient grounds to conduct an investigation. Before making that determination, the subject of the investigation shall be provided by the Director with an opportunity to submit information to the Director that there are not sufficient grounds to conduct an investigation.CommentsClose CommentsPermalink





(5) Whenever the Director determines that there are sufficient grounds to conduct an investigation--CommentsClose CommentsPermalink





(A) the Director shall notify the Committee on Standards of Official Conduct or the Senate Select Committee on Ethics, as applicable, of this determination;CommentsClose CommentsPermalink





(B) the applicable committee may overrule the determination of the Director if, within 10 legislative days--CommentsClose CommentsPermalink





(i) the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Director;CommentsClose CommentsPermalink





(ii) the committee issues a public report detailing its reasoning for overruling the Director;CommentsClose CommentsPermalink





(iii) the vote of each member of the committee on such roll-call vote is included in the report; andCommentsClose CommentsPermalink





(iv) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote; andCommentsClose CommentsPermalink





(C) if the applicable committee votes to overrule the determination of the Director pursuant to subparagraph (B), the Director may publish and make available to the general public a report detailing the reasons that the Director concluded there were sufficient grounds to conduct an investigation.CommentsClose CommentsPermalink





(b) CONDUCTING INVESTIGATIONS- (1) If the Director determines that there are sufficient grounds to conduct an investigation and his determination is not overruled under subsection (a)(5), the Director shall conduct an investigation to determine if probable cause exists that a violation occurred.CommentsClose CommentsPermalink





(2) As part of an investigation, the Director may--CommentsClose CommentsPermalink





(A) administer oaths;CommentsClose CommentsPermalink





(B) issue subpoenas;CommentsClose CommentsPermalink





(C) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony; andCommentsClose CommentsPermalink





(D) take the deposition of witnesses.CommentsClose CommentsPermalink





(3) If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, he may be held in contempt of Congress.CommentsClose CommentsPermalink





(c) PRESENTATION OF CASE TO HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT OR SENATE SELECT COMMITTEE ON ETHICS- (1) If the Director determines, upon conclusion of an investigation, that probable cause exists that an ethics violation has occurred, the Director shall notify the Committee on Standards of Official Conduct of the House of Representatives or the Senate Select Committee on Ethics, as applicable, of this determination.CommentsClose CommentsPermalink





(2) The applicable committee may overrule the determination of the Director if, within 10 legislative days--CommentsClose CommentsPermalink





(A) the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Director;CommentsClose CommentsPermalink





(B) the committee issues a public report detailing its reasoning for overruling the Director;CommentsClose CommentsPermalink





(C) the vote of each member of the committee on such roll-call vote is included in the report; andCommentsClose CommentsPermalink





(D) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote.CommentsClose CommentsPermalink





(3) If the applicable committee votes to overrule the determination of the Director pursuant to paragraph (2), the Director may publish and make available to the general public a report detailing the reasons that he concluded there were sufficient grounds to present such case to the committee.CommentsClose CommentsPermalink





(4)(A) If the Director determines there is probable cause that an ethics violation has occurred and the Director's determination is not overruled, the Director shall present the case and evidence to the Committee on Standards of Official Conduct of the House of Representatives or the Senate Select Committee on Ethics, as applicable, to hear and make a determination pursuant to its rules.CommentsClose CommentsPermalink





(B) The applicable committee shall vote upon whether the individual who is the subject of the investigation has violated any rules or other standards of conduct applicable to that individual in his official capacity. Such votes shall be a roll-call vote of the full committee, a quorum being present. The committee shall issue a public report which shall include the vote of each member of the committee on such roll-call vote. Dissenting members may issue their own report detailing their own reasons for disagreeing with the majority vote.CommentsClose CommentsPermalink





(f) SANCTIONS- Whenever the Committee on Standards of Official Conduct of the House of Representatives or the Senate Select Committee on Ethics finds that an ethics violation has occurred, the Director shall recommend appropriate sanctions to the committee and whether a matter should be referred to the Department of Justice for investigation.CommentsClose CommentsPermalink

SEC. 5. CHANGES IN EXISTING LAW AND IN THE RULES OF THE HOUSE OF REPRESENTATIVES.

(a) RULES OF THE HOUSE- (1) Paragraphs (a) through (e) of clause 3 of rule XI of the Rules of the House of Representatives are amended to read as follows:CommentsClose CommentsPermalink





`(a) The Committee on Standards of Official Conduct has the following functions:CommentsClose CommentsPermalink





`(1) The committee may recommend to the House from time to time such administrative actions as it may consider appropriate to establish or enforce standards of official conduct for Members, Delegates, the Resident Commissioner, officers, and employees of the House. A letter of reproval or other administrative action of the committee pursuant to an investigation by the Office of Public Integrity referred to in subparagraph (2) shall only be issued or implemented as a part of a report required by such subparagraph.CommentsClose CommentsPermalink





`(2) The committee may hear, in an adjudicatory capacity, a case presented to it by the Director of the Office of Public Integrity (hereinafter referred to in this clause as the `Director') of an alleged violation by a Member, Delegate, Resident Commissioner, officer, or employee of the House of the Code of Official Conduct or of a rule or other standard of conduct applicable to the conduct of such Member, Delegate, Resident Commissioner, officer, or employee in the performance of his duties or the discharge of his responsibilities. After notice and hearing (unless the right to such a hearing is waived by the Member, Delegate, Resident Commissioner, officer, or employee), the committee shall report to the House its findings of fact and recommendations, if any, for the final disposition of any such investigation and such action as the committee may consider appropriate in the circumstances.CommentsClose CommentsPermalink





`(3) After the Director determines that there are sufficient grounds to pursue an investigation of any individual referred to in subparagraph (2) or that there is probable cause to believe that a violation has occurred, the committee may overrule this determination by a two-thirds vote of the committee within 10 legislative days after being so notified by the Director. Any such vote shall be recorded and made available to the public. If the committee reverses the Director's determination to proceed with the case, then the committee shall file in a timely manner a report to the House and made available to the general public explaining its decision. Committee members who voted against reversing the Director's determination may file their own public reports on the matter.CommentsClose CommentsPermalink





`(4) The committee may report to the appropriate Federal or State authorities, either with the approval of the House or by an affirmative vote of a majority of the members of the committee, any substantial evidence of a violation by a Member, Delegate, Resident Commissioner, officer, or employee of the House, of a law applicable to the performance of his duties or the discharge of his responsibilities that may have been disclosed to the committee by the Director as the result of an investigation.CommentsClose CommentsPermalink





`(b)(1) Unless approved by an affirmative vote of a majority of its members, the Committee on Standards of Official Conduct may not report a resolution, report, or recommendation relating to the official conduct of a Member, Delegate, Resident Commissioner, officer, or employee of the House.CommentsClose CommentsPermalink





`(2) A member of the committee shall be ineligible to participate as a member of the committee in a committee proceeding relating to the member's official conduct. Whenever a member of the committee is ineligible to act as a member of the committee under the preceding sentence, the Speaker shall designate a Member, Delegate, or Resident Commissioner from the same political party as the ineligible member to act in any proceeding of the committee relating to that conduct.CommentsClose CommentsPermalink





`(3) A member of the committee may disqualify himself from participating in an investigation of the conduct of a Member, Delegate, Resident Commissioner, officer, or employee of the House upon the submission in writing and under oath of an affidavit of disqualification stating that the member cannot render an impartial and unbiased decision in the case in which the member seeks to be disqualified. If the committee approves and accepts such affidavit of disqualification, the chairman shall so notify the Speaker and request the Speaker to designate a Member, Delegate, or Resident Commissioner from the same political party as the disqualifying member to act in any proceeding of the committee relating to that case.CommentsClose CommentsPermalink





`(4) Information or testimony received, or the contents of a complaint or the fact of its filing, may not be publicly disclosed by any committee or staff member unless specifically authorized in each instance by a vote of the full committee.CommentsClose CommentsPermalink





`(c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the Committee on Standards of Official Conduct or a subcommittee thereof shall occur in executive session unless the committee or subcommittee, by an affirmative vote of a majority of its members, opens the meeting to the public.CommentsClose CommentsPermalink





`(2) Notwithstanding clause 2(g)(2) of rule XI, each adjudicatory hearing of the Committee on Standards of Official Conduct shall be held in open session unless the committee, in open session by an affirmative vote of a majority of its members, closes all or part of the remainder of the hearing on that day to the public.CommentsClose CommentsPermalink





`(d) Before a member, officer, or employee of the Committee on Standards of Official Conduct may have access to information that is confidential under the rules of the committee, the following oath (or affirmation) shall be executed:CommentsClose CommentsPermalink





`I do solemnly swear (or affirm) that I will not disclose, to any person or entity outside the Committee on Standards of Official Conduct, any information received in the course of my service with the committee, except as authorized by the committee or in accordance with its rules.'.CommentsClose CommentsPermalink





Copies of the executed oath shall be retained by the Clerk as part of the records of the House. This paragraph establishes a standard of conduct within the meaning of paragraph (a)(2). Breaches of confidentiality shall be investigated by the Committee on Standards of Official Conduct and appropriate action shall be taken.'.CommentsClose CommentsPermalink





(2) Paragraphs (f) through (q) of clause 3 of rule XI of the Rules of the House of Representatives is amended by redesignating paragraphs (f) through (i) as paragraphs (e) through (h), respectively, and by striking paragraphs (j) through (q), and in redesignated paragraph (g) by striking `any hearing held by an adjudicatory subcommittee or' both places it appears.CommentsClose CommentsPermalink





(3) Clause 5(a)(4) of rule X of the Rules of the House of Representatives is repealed.CommentsClose CommentsPermalink





(b) STANDING RULES OF THE SENATE- [Struck out->][ Language to be inserted by the Senate. ][<-Struck out]CommentsClose CommentsPermalink





(c) Changes in Ethics in Government Act of 1978- (1) The following provisions of the Ethics in Government Act of 1978 are each amended as follows:CommentsClose CommentsPermalink





(A) In section 101(h), strike `the congressional ethics committees' and insert `the Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(B) In section 103(h)(1)(A), strike `Clerk of the House of Representatives' each place it appears and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(C) In section 103(h)(1)(A), strike `Secretary of the Senate' each place it appears and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(D) In section 103(i), strike `Clerk of the House of Representatives or Secretary of the Senate, as the case may be' and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(E) In section 103, strike subsection (j) and redesignate subsection (k) as subsection (j).CommentsClose CommentsPermalink





(F) In subsection (j) (as redesignated), strike `Clerk of the House of Representatives and Secretary of the Senate' and insert `Director of the Office of Public Integrity' and strike `Clerk and the Secretary' both places it appears and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(G) In section 105, strike `Clerk of the House of Representatives, and the Secretary of the Senate' each place it appears and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(H) In section 105, strike `Clerk or the Secretary of the Senate, as the case may be' each place it appears and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(I) In section 105, strike `Clerk, or Secretary of the Senate, as the case may be' and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(J) In section 105(d), strike `Clerk of the House of Representatives or the Secretary of the Senate' and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(K) In section 109, strike paragraph (1) and redesignate the succeeding paragraphs accordingly.CommentsClose CommentsPermalink





(L) In paragraph (2) of section 111, strike `Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives, as appropriate,' and insert `Director of the Office of Public Integrity'.CommentsClose CommentsPermalink





(2) Section 803 of the Ethics Reform Act of 1989 (2 U.S.C 29d) is amended by striking `Committee on Standards of Official Conduct' and inserting `Office of Public Integrity'.CommentsClose CommentsPermalink





(d) CHANGES IN LOBBYING DISCLOSURE ACT OF 1995-CommentsClose CommentsPermalink





(1) TRANSFER OF JURISDICTION TO OFFICE OF PUBLIC INTEGRITY-CommentsClose CommentsPermalink





(A) FILING OF REGISTRATIONS- Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended--CommentsClose CommentsPermalink





(i) in subsection (a)(1), by striking `Secretary of the Senate and the Clerk of the House of Representatives' and inserting `Office of Public Integrity'; andCommentsClose CommentsPermalink





(ii) in subsection (d), by striking `Secretary of the Senate and the Clerk of the House of Representatives' and inserting `Office of Public Integrity'.CommentsClose CommentsPermalink





(B) REPORTS BY REGISTERED LOBBYISTS- Section 5(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(a)) is amended by striking `Secretary of the Senate and the Clerk of the House of Representatives' and inserting `Office of Public Integrity'.CommentsClose CommentsPermalink





(C) DISCLOSURE AND ENFORCEMENT- Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by striking `Secretary of the Senate and the Clerk of the House of Representatives' and inserting `Office of Public Integrity'.CommentsClose CommentsPermalink





(D) PENALTIES- Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is amended by striking `Secretary of the Senate or the Clerk of the House of Representatives' and inserting `Office of Public Integrity'.CommentsClose CommentsPermalink





(E) RULES OF CONSTRUCTION- Section 8(c) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(c)) is amended by striking `Secretary of the Senate or the Clerk of the House of Representatives' and inserting `Office of Public Integrity'.CommentsClose CommentsPermalink





(F) ESTIMATES BASED ON TAX REPORTING SYSTEM- Section 15(c)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1610(c)(1)) is amended by striking `Secretary of the Senate and the Clerk of the House of Representatives' and inserting `Office of Public Integrity'.CommentsClose CommentsPermalink





(2) FILING IN ELECTRONIC FORM-CommentsClose CommentsPermalink





(A) REGISTRATIONS- Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(e) FILING IN ELECTRONIC FORM- A registration required to be filed under this section shall be filed in electronic form, in addition to any other form that may be required by the Office of Public Integrity.'.CommentsClose CommentsPermalink





(B) REPORTS- Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) FILING IN ELECTRONIC FORM- A report required to be filed under this section shall be filed in electronic form, in addition to any other form that may be required by the Office of Public Integrity. The Office shall make such filings available to the public on the Internet in a searchable database.'.CommentsClose CommentsPermalink

SEC. 6. FORMAL ADVISORY OPINIONS AND INTERPRETATIONS.

The Office shall have the authority to provide formal advisory opinions and interpretations of rules and other standards of conduct applicable to Members, officers, and employees of the House of Representatives and the Senate. The Committee on Standards of Official Conduct of the House of Representatives or the Senate Select Committee on Ethics, by a two-thirds vote of the full committee may revise or overturn any such formal ruling by the Office that is applicable to the Members, officers, and employees of that House of Congress. Any such vote shall be recorded and made publicly available, and shall be accompanied by a written explanation for that action. Dissenting members are allowed to issue their own report detailing reasons for disagreeing with the majority vote.CommentsClose CommentsPermalink

SEC. 7. PROCEDURAL RULES.

(a) PROHIBITION OF CERTAIN INVESTIGATIONS- No investigation shall be undertaken by the Office 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 Office of any alleged violation which occurred before the third previous Congress unless the Office determines that the alleged violation is directly related to any alleged violation which occurred in a more recent Congress.CommentsClose CommentsPermalink





(b) DISCLOSURE- Information or testimony received, or the contents of a complaint or the fact of its filing, may be publicly disclosed by the Director or by the staff of the Office only if authorized by the Director.CommentsClose CommentsPermalink

SEC. 8. ADMINISTRATION.

(a) Staff and Support Services- The Director may appoint and fix the compensation of such staff as the Director considers necessary, including deputy directors for ethics matters relating to the House of Representatives and to the Senate, a general counsel, and such investigators, auditors, and other staff as he deems necessary.CommentsClose CommentsPermalink





(b) APPLICABILITY OF CIVIL SERVICE LAWS- The Director and other members of the staff of the Office shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.CommentsClose CommentsPermalink





(c) EXPERTS AND CONSULTANTS- The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.CommentsClose CommentsPermalink





(d) Physical Facilities- The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable office space for the operation of the Office on a nonreimbursable basis. The facilities shall serve as the headquarters of the Office and shall include all necessary equipment and incidentals required for the proper functioning of the Office.CommentsClose CommentsPermalink





(e) Administrative Support Services and Other Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- Upon the request of the Director, the Architect of the Capitol and the Administrator of General Services shall provide to the Director on a nonreimbursable basis such administrative support services as the Commission may request.CommentsClose CommentsPermalink





(2) ADDITIONAL SUPPORT- In addition to the assistance set forth in paragraph (1), departments and agencies of the United States may provide the Director such services, funds, facilities, staff, and other support services as the Director may deem advisable and as may be authorized by law.CommentsClose CommentsPermalink





(f) Use of Mails- The Office may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code.CommentsClose CommentsPermalink





(g) Printing- For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Office shall be deemed to be a committee of the Congress.CommentsClose CommentsPermalink

SEC. 9. EXPENSES.

(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this Act.CommentsClose CommentsPermalink





(b) Financial and Administrative Services- The Director may place orders and enter into agreements for goods and services with the head of any agency, or major organizational unit within an agency, in the legislative or executive branch of the Government in the same manner and to the same extent as agencies are authorized to do so under sections 1535 and 1536 of title 31, United States Code.CommentsClose CommentsPermalink





(c) Witness Fees and Allowances- Witnesses before the Office shall be paid the same fee and mileage allowances as are paid subpoenaed witnesses in the courts of the United States.CommentsClose CommentsPermalink

SEC. 10. REPORTS BY COMPTROLLER GENERAL.

Not later than 90 days after the date of enactment, and at the close of the 110th Congress and at the close of each Congress thereafter, the Comptroller General shall submit a report to each House of Congress of the level of funding necessary for the Office to effectively carry out its duties under the Act.CommentsClose CommentsPermalink

SEC. 11. TRANSFER OF RECORDS.

Ninety days after the effective date of this Act, the Office of Public Records in the Senate and the Office of Clerk of the House of Representatives shall transfer all records to the Office with respect to their former duties under the Lobbying Disclosure Act of 1995 and the Ethics in Government Act of 1978.CommentsClose CommentsPermalink

SEC. 12. EFFECTIVE DATE.

(a) IN GENERAL- Except as provided by subsection (b) and by section 10, this Act shall take effect on January 1, 2008.CommentsClose CommentsPermalink





(b) EXCEPTION- Sections 2, 8, and 9 shall take effect upon the date of enactment of this Act.CommentsClose CommentsPermalink