Sec. 554. Duties and Powers of the Office and the Board
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The Office is authorized— in accordance with section 555— to investigate any alleged violation, by a Member or employee of Congress, of any ethics law (including regulations), rule, or other standard of conduct applicable to the conduct of such Member or employee under applicable House or Senate rules in the performance of the duties, or the discharge of the responsibilities, of the Member or employee; and in any case where the Board determines, after the investigation described in subparagraph (A), that there is a reasonable basis to believe an alleged violation of any ethics law, rule, or other standard of conduct described in such subparagraph, to present the alleged ethics violation and any material evidence to the applicable ethics committee; to refer to appropriate Federal or State authorities, including the Office of Public Integrity and the Department of Justice as appropriate, any evidence of a violation by a Member or employee of Congress of any law (including laws applicable to the performance of the duties, or the discharge of the responsibilities, of the Member or employee), which may have been disclosed in an investigation by the Office, in accordance with subsection (b); to provide advice and informal guidance to Members and employees of Congress regarding any ethics law (including regulations), rule, or other standard of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members and employees of Congress on those laws, rules, and other standards; to give consideration to the request of any Member or employee of Congress for a formal advisory opinion or other formal ruling, subject to the approval of the applicable ethics committee, with respect to the general propriety of any current or proposed conduct of such Member or employee; to provide a formal advisory opinion or other formal ruling, in accordance with subparagraph (A), in situations that the Board determines appropriate; and subject to the requirement for approval by the applicable ethics committee in accordance with subsection (c), and with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members and employees of Congress; if the Office determines, during the course of any investigation under this subtitle, that a lobbyist or lobbying firm may be in noncompliance with the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.)— to notify the United States Attorney for the District of Columbia and the Director of the Office of Public Integrity of the potential violation; and to notify the lobbyist or lobbying firm of such determination, in writing; to provide informal guidance to lobbyists or lobbying firms engaged in lobbying activity or lobbying contacts under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.) to covered legislative branch officials (as defined in section 3 of such Act ( 2 U.S.C. 1602 )) of their responsibilities under such Act; to aid in the enforcement of ethics requirements for Members or employees of Congress under this subtitle or any other provision of law; and to administer the process for Members and employees of Congress to seek and receive any waivers from any ethics law (including regulations), rule, or other standard that applies to Members and employees of Congress, subject to approval of the applicable ethics committee.
Upon a majority vote of the Board, the Office may refer potential legal violations committed by a Member or employee of Congress to the Department of Justice or other relevant Federal or State law enforcement officials, which referral shall include all appropriate evidence gathered during any review conducted under this subtitle. A referral under paragraph
(1)does not require the approval of either of the applicable ethics committees. The Board shall notify the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, and the Director of the Office of Public Integrity of all referrals under this subsection. Upon a majority vote of the Board, the Office may draft and publish recommended formal advisory opinions and interpretations of rules and other standards of conduct applicable to Members and employees of Congress, which shall be submitted to each applicable ethics committee for approval. Each applicable ethics committee may revise, overturn, dismiss, or issue any recommended formal advisory opinions or interpretations under paragraph
(1)that is applicable to the Members and employees of that House of Congress. A recommended formal advisory opinion or interpretation under paragraph
(1)is only binding if issued by one of the applicable ethics committees. Any applicable ethics committee decision described in paragraph
(2)shall be recorded and made publicly available, and shall be accompanied by a written explanation for that action. Dissenting members of the applicable ethics committee are allowed to issue their own report detailing reasons for disagreeing with the decision. No review shall be undertaken by the Board of any alleged violation of law, rule, regulation or standard of conduct not in effect at the time of the alleged violation, nor shall any review be undertaken by the Board of any alleged violation that occurred before the date of enactment of this Act. When an individual becomes a member of the Board or employee of the Office, that individual shall execute the following oath or affirmation in writing: I do solemnly swear (or affirm) that I will not disclose to any person or entity outside of the Office any information received in the course of my service with the Office, except as authorized by the Board by majority vote as necessary to conduct official business or pursuant to its rules. . Copies of the executed oath shall be provided to the Clerk of the House of Representatives and the Secretary of the Senate as part of the records of the House and Senate. No testimony received, or any other information obtained, by a member of the Board or employee of the Office shall be publicly disclosed to any person or entity outside the Office, unless approved by a majority vote of the Board. Any communication to any person or entity outside the Office may occur only as authorized by the Board. The Office shall establish procedures necessary to prevent the unauthorized disclosure of any information received by the Office. Any breaches of confidentiality shall be investigated by the Board and appropriate action shall be taken. Paragraph
(1)shall not preclude— any member of the Board or any employee of the Office from presenting a report or findings of the Board, or testifying before the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, if requested by either committee pursuant to the rules of the committee; any necessary communication with the Office of Public Integrity; any necessary communication with the Department of Justice or any other law enforcement agency; any necessary communication with any members, or employees, of the applicable ethics committee; or any necessary communication with the President pro tempore of the Senate, majority leader of the Senate, minority leader of the Senate, Speaker of the House of Representatives, or minority leader of the House of Representatives. Before the Board votes on a recommendation or statement to be transmitted to the appropriate congressional committee relating to official conduct of any Member or employee of Congress, the Board shall provide that individual the opportunity to present, orally or in writing (at the discretion of the Board), a statement to the Board. Whenever the Board transmits any report to the applicable ethics committee relating to the official conduct of any Member or employee of Congress, it shall designate a member of the Board or employee to present the report to such committee if requested by such committee. The Office shall receive, and maintain, a copy of each report filed under section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) by a Member or employee of Congress. The Office shall enter into a memorandum of understanding with the Director of the Office of Public Integrity in order— to share any information necessary for the execution of each office’s respective duties and responsibilities, including the copies of reports described in subsection (g); to ensure consistent interpretation and enforcement of the Nation’s ethics laws for executive and legislative branch employees and officials; and to reduce and mitigate jurisdictional confusion. In the course of an investigation described in subsection (a)(1)(A), the Board may require by subpoena the attendance of and testimony by witnesses and the production of any book, check, canceled check, correspondence, communication, document, email, papers, physical evidence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Office is authorized to investigate from any individual or entity.
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