III

103D CONGRESS

1ST SESSION S. RES. 61

Amending the Standing Rules of the Senate.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 3 (legislative day, JANUARY 5), 1993

Mr. ROTH submitted the following resolution; which was referred to the

Committee on Rules and Administration

RESOLUTION

Amending the Standing Rules of the Senate.

1 Resolved, That Senate Resolution 338, agreed to July

2 23, 1964 (88th Congress, 2d session), is amended as fol3 lows:

4 (1) The first section is amended to read as fol5 lows:

6 ‘‘That (a)(1) there is hereby established a permanent se7 lect committee of the Senate to be known as the Select

8 Committee on Ethics (referred to in this resolution as the

9 ‘Select Committee’) consisting of 3 members all of whom

10 shall be private citizens.

11 ‘‘(2)(A) The Majority Leader and the Minority Lead12 er shall each select a member of the Select Committee,
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1 both of whom shall be former Members of Congress, pref2 erably former Senators.

3 ‘‘(B) The members of the Select Committee des4 ignated by the Majority and Minority Leaders shall agree

5 upon and select a third member, who shall be—

6 ‘‘(i) a retired Federal judge, or a retired State

7 judge of at least the appellate court level; and

8 ‘‘(ii) designated as the chairman.

9 ‘‘(b)(1) Members of the Select Committee shall serve

10 a term of 4 years and may not be reappointed, except that

11 the first chairman shall serve a term of 2 years and may

12 be reappointed to one 4-year term.

13 ‘‘(2) A member whose term of appointment has ex14 pired prior to completion of a pending case may continue

15 to participate in such case, and such term shall be ex16 tended until the member’s participation in the case is com17 pleted. A new member subsequently appointed after a

18 member whose term has expired has completed a pending

19 case shall serve the remainder of the 4-year term.

20 ‘‘(3) A member of the Select Committee may, for

21 good cause, recuse himself or herself from a particular

22 case to be considered by the Select Committee, and such

23 vacancy shall be filled on a temporary basis in the manner

24 of the original appointment.
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1 ‘‘(c) Members of the Select Committee shall be com2 pensated at daily rates not in excess of the per diem equiv3 alent of the highest gross rate of compensation which may

4 be paid to a regular employee of the Senate, and shall

5 be entitled to travel and per diem expenses in accordance

6 with the rules and regulations of the Senate.

7 ‘‘(d) No member of the Select Committee shall en8 gage in any outside business or professional activity or em9 ployment for compensation which is inconsistent or in con10 flict with the conscientious performance of official duties.

11 Members of the Standing Committee shall otherwise be

12 exempt from rules XXXIV, XXXV, and XXXVII of the

13 Standing Rules of the Senate.

14 ‘‘(e) Vacancies in the membership of the Select Com15 mittee shall be filled in the same manner as original ap16 pointments thereto are made, and no action may be taken

17 by the remaining members while a vacancy exists.

18 ‘‘(f) Three members shall constitute a quorum for the

19 transaction of business, except that the Select Committee

20 may fix a lessor number for the purpose of taking sworn

21 testimony.’’.

22 (2) Section 2(c) is amended to read as follows:

23 ‘‘(c) No investigation of conduct of a Member or offi24 cer of the Senate, or any resolution, report, recommenda25 tion, interpretative ruling, or advisory opinion may be
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1 made without an affirmative vote of two members of the

2 Select Committee.’’.

3 (3) Section 3(d) is amended to read as follows:

4 ‘‘(d) Subpoenas may be issued by the Select Commit5 tee or by the chairman. Any such subpoena shall be signed

6 by the chairman and may be served by any person des7 ignated by the chairman. The chairman of the Select Com8 mittee or any member thereof may administer oaths to

9 witnesses.’’.

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