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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 43 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. RES. 43

   To amend the Rules of the House of Representatives to establish a 
 Citizens' Commission on Congressional Ethics, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1993

 Mr. Weldon (for himself and Mr. Andrews of New Jersey) submitted the 
   following resolution; which was referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
   To amend the Rules of the House of Representatives to establish a 
 Citizens' Commission on Congressional Ethics, and for other purposes.

    Resolved,

SECTION 1. CITIZENS' COMMISSION ON CONGRESSIONAL ETHICS.

    The Rules of the House of Representatives are amended by adding at 
the end the following new rule:

                              ``Rule LII.

           ``citizens' commission on congressional ethics.  

    ``1. There is established a permanent commission to be known as the 
Citizens' Commission on Congressional Ethics (hereinafter in this rule 
and in rule VI referred to as the `commission').
    ``2. (a) The commission shall be composed of 14 members who are 
specially qualified to serve on the commission by virtue of their 
demonstrated integrity, independence, impartiality, and good judgment. 
Seven members of the commission shall be nominated by the Speaker and 7 
by the minority leader and approved by vote of the House, at the 
commencement of each Congress, to continue in office until the 
beginning of the next Congress. Any individual serving in this position 
may be removed by an affirmative vote of not less than two-thirds of 
the Members of the House present and voting, a quorum being present. A 
vacancy shall be filled in the manner in which the original appointment 
was made. No member may serve on the commission for more than 6 years.
    ``(b)(1) Not more than 7 members of the commission shall be of the 
same political party. No member of the commission shall be or have ever 
been a Member of Congress, nor shall any Member of the commission be a 
relative of any Member of Congress, or an officer or employee of any 
government, or a person registered under the Federal Regulation of 
Lobbying Act or the Foreign Agents Registration Act of 1938 or have 
been any such individual during the 5-year period ending on the date 
such member's term on the commission would have begun.
    ``(2) If any member of the commission becomes a Member of Congress 
or relative of a Member of Congress, an officer or employee of any 
government, or registered under any law described in paragraph (1), he 
may not continue as a member of the commission.
    ``(3) As used in this paragraph, the term `relative' means a 
father, mother, son, daughter, brother, sister, uncle, aunt, first 
cousin, nephew, niece, spouse, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, stepfather, 
stepmother, stepson, stepdaughter, stepbrother, stepsister, half 
brother, or half sister.
    ``(c) Members of the commission shall be compensated at the rate of 
pay recommended by the Committee on House Administration and approved 
by the House of Representatives.
    ``(d) The chairperson of the commission shall be elected by the 
members of the commission.
    ``(e) The commission shall meet at the call of the chairperson or a 
majority of its members. Eight members of the commission shall 
constitute a quorum, but 2 or more may hold hearings (if they are not 
all members of the same political party).
    ``3. The commission shall have a Director who shall be elected by 
the commission who shall be paid at the rate of basic pay payable for 
level V of the Executive Schedule. The Director may appoint and fix the 
pay of such additional personnel as the Director considers appropriate.
    ``4. (a)(1) The commission is authorized--
            ``(A) to recommend to the Committee on Standards of 
        Official Conduct from time to time such administrative actions 
        as it may deem appropriate to establish or enforce standards of 
        official conduct for Members, officers, and employees of the 
        House;
            ``(B) to investigate, subject to subparagraph (2) of this 
        paragraph, any alleged violation, by a Member, officer, or 
        employee of the House, of the Code of Official Conduct or of 
        any law, rule, regulation, or other standard of conduct 
        applicable to the conduct of such Member, officer, or employee 
        in the performance of his duties or the discharge of his 
        responsibilities, and after notice and hearing, to submit to 
        the Committee on Standards of Official Conduct a written 
        recommendation of such action as the commission may deem 
        appropriate in the circumstances; and
            ``(C) to report to the appropriate Federal or State 
        authorities, with the approval of the House, any substantial 
        evidence of a violation, by a Member, officer, or employee of 
        the House, 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 commission or the 
        Inspector General; and
    ``(2)(A) No report or recommendation relating to the official 
conduct of a Member, officer, or employee of the House shall be made by 
the commission, and no investigation of such conduct shall be 
undertaken by the commission, unless approved by the affirmative vote 
of a majority of the members of the commission.
    ``(B) Except in the case of an investigation undertaken by the 
commission on its own initiative, the commission may undertake an 
investigation relating to the official conduct of an individual Member, 
officer, or employee of the House of Representatives only--
            ``(i) upon receipt of a complaint, in writing and under 
        oath, made by or submitted to a Member of the House and 
        transmitted to the commission by such Member,
            ``(ii) upon receipt of a complaint, in writing and under 
        oath, directly from an individual not a Member of the House if 
        the commission finds that such complaint has been submitted by 
        such individual to at least one Member of the House who has 
        refused, in writing, to transmit such complaint to the 
        commission, or
            ``(iii) upon receipt of a written complaint made by the 
        Inspector General.
    ``(C) No investigation shall be undertaken by the commission of any 
alleged violation of a law, rule, regulation, or standard of conduct 
not in effect at the time of the alleged violation.
    ``(D) No information or testimony received, or the contents of a 
complaint or the fact of its filing, shall be publicly disclosed by any 
commission or staff member unless specifically authorized in each 
instance by a majority vote of the entire commission.
    ``5. (a)(1) For the purpose of carrying out any of its functions 
and duties under this rule, the commission is authorized (subject to 
subparagraph (2)(A))--
            ``(A) to sit and act at such times and places within the 
        United States, whether the House is in session, has recessed, 
        or has adjourned, and to hold such hearings, and
            ``(B) to require, by subpoena or otherwise, the attendance 
        and testimony of such witnesses and the production of such 
        books, records, correspondence, memorandums, papers, and 
        documents as it deems necessary. The chairman of the 
        commission, or any member designated by such chairman, may 
        administer oaths to any witness.
    ``(2)(A) A subpoena may be authorized and issued by the commission 
under subparagraph (1)(B) in the conduct of any investigation or series 
of investigations or activities, only when authorized by a majority of 
the members voting, a majority being present. The power to authorize 
and issue subpoenas under subparagraph (1)(B) may be delegated to the 
chairman of the commission pursuant to such rules and under such 
limitations as the commission may prescribe. Authorized subpoenas shall 
be signed by the chairman of the commission or by any member designated 
by the commission.
    ``(B) Compliance with any subpoena issued by the commission under 
subparagraph (1)(B) may be enforced only as authorized or directed by 
the House.''.

SEC. 2. ADDITIONAL DUTIES OF INSPECTOR GENERAL OF THE HOUSE OF 
              REPRESENTATIVES.

    Clause 2 of rule VI of the Rules of the House of Representatives is 
amended by redesignating paragraph (d) as paragraph (f) and by adding 
at the end the following new paragraphs:
    ``(a) In addition to the functions set forth in paragraph (c), the 
Inspector General shall have the following functions:
            ``(1) Provide policy direction for, and, randomly and on a 
        periodic basis, to conduct, supervise, and coordinate audits 
        and investigations relating to, the financial operations of the 
        House.
            ``(2) Recommend to the House policies for, and to conduct, 
        supervise, and coordinate other activities carried out by the 
        House to promote economy and efficiency in the administration 
        of, and the prevention and detection of fraud and abuse in, its 
        operations.
            ``(3) Promptly notify the commission of any evidence of 
        fraud or the violation of any law, rule, regulation, or other 
        standard of conduct applicable to the conduct of a Member, 
        officer, or employee of the House in the performance of his 
        duties or the discharge of his responsibilities.
            ``(4) Promptly notify the commission of any evidence of 
        fraud or other serious problem, abuse, or deficiency respecting 
        the financial operations of the House, recommend appropriate 
        corrective action to the commission, and monitor the carrying 
        out of such corrective action.
            ``(5) Prepare, and have printed as a House document and 
        made available to the public, a report, to be transmitted by 
        March 1 of each calendar year to the House, setting forth with 
        respect to the immediately preceding calendar year the 
        following information:
                    ``(A) A summary of all recommendations and 
                notifications made to the commission under 
                subparagraphs (3) and (4).
                    ``(B) A summary of all recommendations made to the 
                House under subparagraph (2).
                    ``(C) An identification of each recommendation 
                contained in a previous annual report which 
                recommendation has not been carried out to the 
                satisfaction of the Inspector General.
                    ``(D) A list of all audit reports and 
                investigations referred to in subparagraph (1) which 
                were completed during the calendar year covered by this 
                report.
    ``(b)(1) Upon the written request of the Inspector General, any 
Member, officer, or committee of the House shall promptly provide the 
Inspector General access to all books, records, correspondence, 
memorandums, papers, and documents relating to financial operations of 
the House.
    ``(2) The Inspector General shall notify the commission whenever 
any Member, officer, or committee of the House does not comply with 
subparagraph (1).''.

SEC. 3. ELIMINATION OF CERTAIN DUTIES OF THE COMMITTEE ON STANDARDS OF 
              OFFICIAL CONDUCT.

    (a) Clause 1(t) of rule X of the Rules of the House of 
Representatives is amended by striking ``with respect to 
recommendations, studies, investigations, and reports'' and by striking 
``, and the functions designated in title I of the Ethics in Government 
Act of 1978''.
    (b) Clause 4(e) of rule X of the Rules of the House of 
Representatives is amended to read as follows:
    ``(e)(1) The Committee on Standards of Official Conduct is 
authorized and directed to--
            ``(A) within 5 legislative days transmit to the House, by 
        resolution or otherwise, any recommendation submitted to the 
        committee by the commission under clause 4(a)(1)(B) of rule 
        LII; and
            ``(B) give consideration to the request of any Member, 
        officer, or employee of the House for an advisory opinion 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.
    ``(2) No advisory opinion relating to the official conduct of a 
Member, officer, or employee of the House shall be made by the 
committee, unless approved by the affirmative vote of a majority of the 
members of the commission.''.
    (c) Clause 1 of rule XLIV of the Rules of the House of 
Representatives is amended by striking ``Committee on Standards of 
Official Conduct'' and by inserting ``Citizens' Commission on 
Congressional Ethics''.

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