IV
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 Eth-
ics, 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
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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 com-
mission by virtue of their demonstrated integrity, inde-
pendence, impartiality, and good judgment. Seven mem-
bers 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 con-
tinue 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 Con-
gress, nor shall any Member of the commission be a rel-
ative of any Member of Congress, or an officer or employee
of any government, or a person registered under the Fed-
eral Regulation of Lobbying Act or the Foreign Agents
Registration Act of 1938 or have been any such individual
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during the 5-year period ending on the date such mem-
ber’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 con-
tinue 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, step-
daughter, stepbrother, stepsister, half brother, or half sis-
ter.
‘‘(c) Members of the commission shall be com-
pensated at the rate of pay recommended by the Commit-
tee 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).
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‘‘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 addi-
tional personnel as the Director considers appropriate.
‘‘4. (a)(1) The commission is authorized—
‘‘(A) to recommend to the Committee on Stand-
ards of Official Conduct from time to time such ad-
ministrative 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 Mem-
ber, 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 con-
duct of such Member, officer, or employee in the
performance of his duties or the discharge of his re-
sponsibilities, and after notice and hearing, to sub-
mit to the Committee on Standards of Official Con-
duct a written recommendation of such action as the
commission may deem appropriate in the cir-
cumstances; and
‘‘(C) to report to the appropriate Federal or
State authorities, with the approval of the House,
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any substantial evidence of a violation, by a Member,
officer, or employee of the House, of any law appli-
cable to the performance of his duties or the dis-
charge 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 investiga-
tion of such conduct shall be undertaken by the commis-
sion, unless approved by the affirmative vote of a majority
of the members of the commission.
‘‘(B) Except in the case of an investigation under-
taken by the commission on its own initiative, the commis-
sion 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 Mem-
ber of the House if the commission finds that such
complaint has been submitted by such individual to
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at least one Member of the House who has refused,
in writing, to transmit such complaint to the com-
mission, 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, regula-
tion, 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 un-
less 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
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necessary. The chairman of the commission, or any
member designated by such chairman, may admin-
ister 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 pre-
scribe. Authorized subpoenas shall be signed by the chair-
man 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 Rep-
resentatives is amended by redesignating paragraph (d)
as paragraph (f) and by adding at the end the following
new paragraphs:
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‘‘(5) Prepare, and have printed as a House doc-
ument 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 imme-
diately preceding calendar year the following infor-
mation:
‘‘(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 
rec-
ommendation contained in a previous annual re-
port which recommendation has not been car-
ried out to the satisfaction of the Inspector
General.
‘‘(D) A list of all audit reports and inves-
tigations referred to in subparagraph (1) which
were completed during the calendar year cov-
ered 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,
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and documents relating to financial operations of the
House.
‘‘(2) The Inspector General shall notify the commis-
sion whenever any Member, officer, or committee of the
House does not comply with subparagraph (1).’’.
SEC. 3. ELIMINATION OF CERTAIN DUTIES OF THE COM-
MITTEE ON STANDARDS OF OFFICIAL CON-
DUCT.
(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 Con-
duct is authorized and directed to—
‘‘(A) within 5 legislative days transmit to the
House, by resolution or otherwise, any recommenda-
tion 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 propri-
ety of any current or proposed conduct of such
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Member, officer, or employee and, with appropriate
deletions to assure the privacy of the individual con-
cerned, to publish such opinion for the guidance of
other Members, officers, and employees of the
House.
‘‘(2) No advisory opinion relating to the official con-
duct of a Member, officer, or employee of the House shall
be made by the committee, unless approved by the affirm-
ative vote of a majority of the members of the commis-
sion.’’.
(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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