Duty of Transparency Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9769 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9769

   To require Members of Congress to provide disclosures related to
           absences from attendance, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2026

  Mr. Torres of New York (for himself and Mr. Moulton) introduced the
     following bill; which was referred to the Committee on House
                             Administration

_______________________________________________________________________

                                 A BILL

   To require Members of Congress to provide disclosures related to
           absences from attendance, 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.

    This Act may be cited as the ``Duty of Transparency Act''.

SEC. 2. DISCLOSURES RELATED TO PROLONGED ABSENCE FROM THE CONGRESS.

    (a) In General.--An individual who is a Member of Congress and who
has a reasonable belief that the individual will not be physically
present to participate in the proceedings of the applicable House of
Congress of which the individual is a Member for a period of not less
than 21 consecutive calendar days shall file a disclosure statement
under subsection (b) with the designated attending officer of the House
of Congress not later than 5 calendar days after having the reasonable
belief.
    (b) Contents of Disclosure.--The disclosure statement referred to
in subsection (a) shall include the following:
            (1) The expected dates during which the Member of Congress
        will not be physically present to participate.
            (2) A statement explaining why the Member of Congress will
        not be physically present to participate during the dates
        described in paragraph (1).
            (3) Whether the Member of Congress shall be able to perform
        official duties or responsibilities notwithstanding not being
        physically present, including through remote work, and, if so,
        a description of the duties or responsibilities.
            (4) Identification and contact information of an individual
        employed by the Member under the Members' Representational
        Allowance who shall have access to the Member should the need
        arise with respect to the House of Congress.
    (c) Incapacitation.--A Member of Congress who does not comply with
subsection (a) despite being subject to such subsection because the
Member was incapacitated or otherwise unable to comply shall file a
disclosure statement under subsection (b) with the designated attending
officer of the House of Congress not later than 5 calendar days after
the end of the incapacitation or inability to comply.
    (d) Privacy.--A Member of Congress required to file a disclosure
statement under this section shall not be required to disclose any
diagnosis, prognosis, course of treatment, medical record, or other
protected health information concerning the Member or another
individual, but the disclosure statement may contain such additional
information that the Member may choose to disclose beyond the
information required under subsection (b).
    (e) Updates.--Every 30 days after the start of a period during
which a Member of Congress is not physically present to participate in
the proceedings of the applicable House of Congress and through the end
of such period, the Member shall file a new disclosure statement that
updates the information provided in the prior disclosure statement.
    (f) Public Availability.--The designated attending officer of each
House of Congress shall make available to the general public, in a
website under the authority of the officer, each disclosure statement
filed with the officer not later than 2 calendar days after the filing.
    (g) Enforcement.--The failure to comply with this section shall be
a matter in the jurisdiction of the applicable ethics committee.
    (h) Rulemaking Authority.--This section is enacted as an exercise
in the rulemaking power of the House of Representatives and the Senate,
respectively, and as such shall be considered as part of the rules of
each House, with full recognition of the constitutional right of either
House to change such rules at any time, in the same manner, and to the
same extent, as any other rule of that House.
    (i) Effective Date.--This section shall apply with respect to any
period during which a Member of Congress is not physically present to
participate in the proceedings of the applicable House of Congress that
begins after the date of the enactment of this section.
    (j) Definitions.--In this section:
            (1) Applicable ethics committee.--The term ``applicable
        ethics committee'' means--
                    (A) with respect to the House of Representatives,
                the Committee on Ethics of the House of
                Representatives; and
                    (B) with respect to the Senate, the Select
                Committee on Ethics of the Senate.
            (2) Area of constituency.--The term ``area of
        constituency'' means--
                    (A) with respect to a Representative in, or a
                Delegate or Resident Commissioner to, the Congress, the
                congressional district of the Representative, Delegate,
                or Resident Commissioner; and
                    (B) with respect to a Senator in the Congress, the
                State of the Senator.
            (3) Designated attending officer.--The term ``designated
        attending officer'' means--
                    (A) with respect to the House of Representatives,
                the Clerk of the House of Representatives, or an
                officer or employee of the House of Representatives
                designated by the Clerk; and
                    (B) with respect to the Senate, the Secretary of
                the Senate, or an officer or employee of the Senate
                designated by the Secretary.
            (4) Member of congress.--The term ``Member of Congress''
        means a Senator or Representative in, or a Delegate or Resident
        Commissioner to, the Congress.
            (5) Physically present to participate in the proceedings.--
        The term ``physically present to participate in the
        proceedings'' includes, with respect to a House of Congress,
        entering the Capitol Buildings (as such term is defined in
        section 5101 of title 40, United States Code), entering the
        office of a Member of Congress in the Capitol Buildings or in
        the area of constituency of the Member which is accessible to
        the general public, entering the applicable Hall or Chamber of
        such House, casting or making a vote in such House, making a
        motion or request for unanimous consent on the floor of such
        House, or engaging in any other activity that requires physical
        presence in the Capitol Buildings.
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