IV

105TH CONGRESS

1ST SESSION H. RES. 61

To provide for independent investigations and factfinding for ethics

investigations.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mr. HAMILTON (for himself and Mr. DREIER) submitted the following

resolution; which was referred to the Committee on Rules

RESOLUTION

To provide for independent investigations and factfinding

for ethics investigations.

1 Resolved,

2 SECTION. 1. INDEPENDENT INVESTIGATIONS AND FACT3 FINDING FOR ETHICS INVESTIGATIONS.

4 (a) APPOINTMENT OF INDEPENDENT PANEL.—(1)

5 The Speaker and the minority leader of the House of Rep6 resentatives shall appoint jointly 20 independent

7 factfinders at the beginning of each Congress (but in the

8 case of the One Hundred Fifth Congress within 30 cal9 endar days after the adoption of this resolution) to carry
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1 out investigations on behalf of the House of Representa2 tives as required by the Committee on Standards of Offi3 cial Conduct. Independent factfinders appointed under

4 this section may include former Members of Congress,

5 former officers or employees of the Congress, or other pri6 vate citizens.

7 (2) No individual who engages in, or is otherwise em8 ployed in, lobbying of the Congress and who is required

9 under the Federal Regulation of Lobbying Act to register

10 with the Clerk of the House of Representatives or the

11 Secretary of the Senate shall be considered eligible for ap12 pointment as an independent factfinder under this sub13 section.

14 (b) COMPENSATION OF FACTFINDERS.—

15 (1) IN GENERAL.—Each independent factfinder

16 shall be compensated at a rate equal to the daily

17 equivalent of the annual rate of basic pay prescribed

18 for level IV of the Executive Schedule under section

19 5315 of title 5, United States Code, for each day

20 (including travel time) during which the independent

21 factfinder is engaged in the performance of his or

22 her duties under this section.

23 (2) TRAVEL EXPENSES.—Each independent

24 factfinder shall be allowed travel expenses, including

25 per diem in lieu of subsistence, at rates authorized
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1 for employees of agencies under subchapter I of

2 chapter 57 of title 5, United States Code, while

3 away from his or her home or regular place of busi4 ness in the performance of his or her duties under

5 this section.

6 SEC. 2. USE OF INDEPENDENT FACTFINDERS BY THE COM7 MITTEE ON STANDARDS OF OFFICIAL CON8 DUCT.

9 The Committee on Standards of Official Conduct of

10 the House of Representatives shall adopt rules—

11 (1) allowing the committee to decide whether to

12 use, on a case-by-case basis, 4 or 6 independent

13 factfinders appointed in lieu of a 4 or 6-member in14 vestigative subcommittee whenever the committee

15 votes to conduct a preliminary inquiry;

16 (2) providing for the joint selection of 4 or 6

17 independent factfinders by the chairman and rank18 ing minority party member from the pool of 20 inde19 pendent factfinders appointed pursuant to section

20 1(a);

21 (3) providing that whenever independent

22 factfinders are used in lieu of a 4 or 6-member in23 vestigative subcommittee—

24 (A) upon completion of an investigation,

25 the independent factfinders shall report their
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1 findings of fact and recommendations, if any, to

2 the committee;

3 (B) if the independent factfinders, by ma4 jority vote, adopt a statement of alleged viola5 tion, the entire committee shall be deemed to be

6 an adjudicatory subcommittee and be governed

7 by the rules adopted by the committee to carry

8 out section 803(d) of the Ethics Reform Act of

9 1989;

10 (4) providing that independent factfinders con11 ducting an investigation pursuant to this subsection

12 shall have the same power to investigate as vested

13 in the investigative subcommittee, subject to the ap14 proval of the chairman and ranking minority party

15 member; and

16 (5) providing that the staff of the committee

17 shall assist the independent factfinders in carrying

18 out their responsibilities.

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