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.
Resolved,
SECTION. 1. INDEPENDENT INVESTIGATIONS AND FACT-
FINDING FOR ETHICS INVESTIGATIONS.
(a) APPOINTMENT OF INDEPENDENT PANEL.—(1)
The Speaker and the minority leader of the House of Rep-
resentatives 
shall 
appoint 
jointly 
independent
factfinders at the beginning of each Congress (but in the
case of the One Hundred Fifth Congress within 30 cal-
endar days after the adoption of this resolution) to carry
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out investigations on behalf of the House of Representa-
tives as required by the Committee on Standards of Offi-
cial Conduct. Independent factfinders appointed under
this section may include former Members of Congress,
former officers or employees of the Congress, or other pri-
vate citizens.
(2) No individual who engages in, or is otherwise em-
ployed in, lobbying of the Congress and who is required
under the Federal Regulation of Lobbying Act to register
with the Clerk of the House of Representatives or the
Secretary of the Senate shall be considered eligible for ap-
pointment as an independent factfinder under this sub-
section.
(b) COMPENSATION OF FACTFINDERS.—
(1) IN GENERAL.—Each independent factfinder
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which the independent
factfinder is engaged in the performance of his or
her duties under this section.
(2) TRAVEL
EXPENSES.—Each independent
factfinder shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
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for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while
away from his or her home or regular place of busi-
ness in the performance of his or her duties under
this section.
SEC. 2. USE OF INDEPENDENT FACTFINDERS BY THE COM-
MITTEE ON STANDARDS OF OFFICIAL CON-
DUCT.
The Committee on Standards of Official Conduct of
the House of Representatives shall adopt rules—
(1) allowing the committee to decide whether to
use, on a case-by-case basis, 4 or 6 independent
factfinders appointed in lieu of a 4 or 6-member in-
vestigative subcommittee whenever the committee
votes to conduct a preliminary inquiry;
(2) providing for the joint selection of 4 or 6
independent factfinders by the chairman and rank-
ing minority party member from the pool of 20 inde-
pendent factfinders appointed pursuant to section
1(a);
(3) 
providing 
that 
whenever 
independent
factfinders are used in lieu of a 4 or 6-member in-
vestigative subcommittee—
(A) upon completion of an investigation,
the independent factfinders shall report their
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findings of fact and recommendations, if any, to
the committee;
(B) if the independent factfinders, by ma-
jority vote, adopt a statement of alleged viola-
tion, the entire committee shall be deemed to be
an adjudicatory subcommittee and be governed
by the rules adopted by the committee to carry
out section 803(d) of the Ethics Reform Act of
1989;
(4) providing that independent factfinders con-
ducting an investigation pursuant to this subsection
shall have the same power to investigate as vested
in the investigative subcommittee, subject to the ap-
proval of the chairman and ranking minority party
member; and
(5) providing that the staff of the committee
shall assist the independent factfinders in carrying
out their responsibilities.
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