"Independent" Legislative Commission or Office for Ethics and/or Lobbying

Publication Date: January 2007

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

Type:

Abstract:

There have been proposals and discussions of constituting, by legislation or congressional rule, an "independent" body or "commission" in the legislative branch of the federal government, made up of persons who are not currently Members of either House of Congress, which would be tasked with overseeing, and perhaps "enforcing," either lobbying regulations, disclosures, and reporting by outside, private individuals and groups (required under federal law -- Lobbying Disclosure Act of 1995, as amended), or alternatively, or in addition, assigned to oversee or enforce in some manner congressional "ethics" rules, that is, reviewing the propriety of conduct of Members of Congress and congressional employees under current House and/or Senate Rules (as well as applicable federal law). The latter duty would necessarily involve receiving and investigating complaints of misconduct by Members and employees of the House or Senate, and recommending actions or referring for action apparent violations of law or Rule. Several policy issues are raised concerning the efficacy and desirability of the establishment and functioning of such a commission, as well as certain threshold constitutional questions.