[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 23 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. RES. 23

To establish a procedure for the appointment of independent counsels to 
investigate ethics violations in the Senate, transfer to the Committee 
   on Rules and Administration the remaining authority of the Select 
    Committee on Ethics, and abolish the Select Committee on Ethics.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Coats submitted the following resolution; which was referred to the 
                 Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
To establish a procedure for the appointment of independent counsels to 
investigate ethics violations in the Senate, transfer to the Committee 
   on Rules and Administration the remaining authority of the Select 
    Committee on Ethics, and abolish the Select Committee on Ethics.

    Resolved,

SECTION 1. INDEPENDENT ETHICS COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Independent Ethics Commission of the Senate (referred to as the 
``Ethics Commission'').
    (b) Membership.--(1) The Ethics Commission shall be comprised of 8 
members appointed in accordance with paragraph (2).
    (2) The majority leader and the minority leader shall each appoint 
to the Commission at the beginning of a Congress--
            (A) 1 member who is a retired judge of a Federal or State 
        court;
            (B) 1 member who is a former member of the Senate; and
            (C) 2 members who are private citizens and are not 
        employees of the United States.
    (c) Terms.--(1) A member of the Commission shall serve a term of 2 
years and may be reappointed for 2 additional terms.
    (2) In the case of the death or resignation of a member of the 
Commission a successor shall be appointed in the same manner as the 
member was appointed to serve until the end of the term of that member.
    (d) Removal.--A member of the Commission may be removed only by 
resolution of the Senate.
    (e) Duties.--It shall be the duty of the Commission to--
            (1) receive requests for review of an allegation described 
        in section 2(b);
            (2) make such informal preliminary inquiries in response to 
        such a request as the Commission deems to be appropriate;
            (3) if, as a result of those inquiries, the Commission 
        determines that a full investigation is not warranted, submit a 
        report pursuant to section 2(e); and
            (4) if, as a result of those inquiries, the Commission 
        determines that a full investigation is warranted, appoint an 
        independent counsel pursuant to section 3.
    (f) Compensation of Members.--(1) Each member of the Commission 
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 member is engaged in the 
performance of the duties of the Commission.
    (2) The members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (g) Staff.--(1) The Commission may, without regard to the civil 
service laws and regulations, appoint, and terminate an executive 
director and such other additional personnel as are necessary to enable 
the Commission to perform its duties.
    (2) The Commission may fix the compensation of the executive 
director and other personnel without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code, relating to classification of positions and General Schedule pay 
rates, except that the rate of pay for the executive director and other 
personnel may not exceed the rate payable for level V of the Executive 
Schedule under section 5316 of that title.
    (3) Any Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (4) The Commission may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, at rates for 
individuals that do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of that title.
    (5) Except at a time when additional personnel are needed to assist 
the Commission in its review of a particular request for review under 
section 2, the total number of staff personnel employed by or detailed 
to the Commission under this subsection shall not exceed 5.
    (h) Inapplicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

SEC. 2. REVIEW OF ALLEGATIONS OF IMPROPER MISCONDUCT AND VIOLATIONS OF 
              LAW.

    (a) Definitions.--As used in this section, the term ``officer or 
employee of the Senate'' means--
            (1) an elected officer of the Senate who is not a member of 
        the Senate;
            (2) an employee of the Senate, any committee or 
        subcommittee of the Senate, or any member of the Senate;
            (3) the Legislative Counsel of the Senate or any employee 
        of his office;
            (4) an Official Reporter of Debates of the Senate and any 
        person employed by the Official Reporters of Debates of the 
        Senate in connection with the performance of their official 
        duties;
            (5) a member of the Capitol Police force whose compensation 
        is disbursed by the Secretary of the Senate;
            (6) an employee of the Vice President if such employee's 
        compensation is disbursed by the Secretary of the Senate; and
            (7) an employee of a joint committee of the Congress whose 
        compensation is disbursed by the Secretary of the Senate.
    (b) Request for Review.--Any person may present to the Commission a 
request to review and to consider the propriety of appointing an 
independent counsel to investigate an allegation of--
            (1) improper conduct that may reflect upon the Senate;
            (2) a violation of law;
            (3) a violation of the Senate Code of Official Conduct 
        (rules XXXIV, XXXV, XXXVII, XXXVIII, XXXIX, XL, XLI, and XLII 
        of the Standing Rules of the Senate); or
            (4) a violation of a rule or regulation of the Senate,
relating to the conduct of a person in the performance of his or her 
duties as a member, officer, or employee of the Senate.
    (c) Sworn Statement.--A request for review under subsection (b) 
shall be accompanied by a sworn statement, made under penalty of 
perjury under the laws of the United States, of facts within the 
personal knowledge of the person making the statement alleging improper 
conduct or a violation described in subsection (b).
    (d) Public Disclosure.--(1) The contents of a request for review 
and sworn statement submitted under subsections (b) and (c), all 
proceedings of the Commission, and all facts that come to the knowledge 
of the Commission during its inquiries shall be made available to the 
public except as provided in paragraph (2).
    (2) The Commission may withhold information from public disclosure 
if the Commission, in its sole discretion, determines that the public 
interest in disclosure is outweighed by--
            (A) harm that may be caused to the reputation of a person; 
        or
            (B) prejudice that may be caused to the rights of a person.
    (e) Determination Not To Appoint Independent Counsel.--(1) If, 
after making preliminary inquiries, the Commission determines not to 
appoint an independent counsel pursuant to section 3, the Commission 
shall submit to the members of the Senate a report that--
            (A) states findings of fact made as a result of the 
        inquiries;
            (B) states any conclusions that may be drawn with respect 
        to whether there is substantial credible evidence that improper 
        conduct or a violation of law may have occurred; and
            (C) states its reasons for concluding that further 
        investigation is not warranted.
    (2) After submission of a report under paragraph (1), no action may 
be taken in the Senate to impose a sanction on a person who was the 
subject of the Commission's inquiries on the basis of any conduct that 
was alleged in the request for review and sworn statement.
    (3) If the Commission determines that any part of a sworn statement 
presented to it under subsection (c) may have been a false statement 
made knowingly and willfully, the Commission may refer the matter to 
the Attorney General for prosecution.

SEC. 3. INDEPENDENT COUNSEL.

    (a) Appointment.--(1) If, after making preliminary inquiries, the 
Commission determines that--
            (A) there is substantial credible evidence that improper 
        conduct or a violation described in section 2(b) may have 
        occurred; and
            (B) in view of the seriousness of the allegation and other 
        relevant considerations, a full investigation of the alleged 
        misconduct or violation is warranted,
the Commission shall appoint an independent counsel to conduct an 
investigation.
    (2)(A) The Commission shall appoint as independent counsel a person 
who has appropriate experience and who undertakes to conduct the 
investigation in a prompt, responsible, and cost-effective manner and 
to serve to the extent necessary to complete the investigation.
    (B) The Commission may not appoint as independent counsel a person 
who holds any office of profit or trust under the United States.
    (b) Compensation.--An independent counsel shall receive 
compensation at the per diem rate equal to the annual rate of basic pay 
payable for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.
    (c) Scope of Investigation.--(1) At the time that the Commission 
appoints an independent counsel, the Commission shall describe with 
specificity in the appointment the subject matter with respect to which 
the investigation shall be conducted.
    (2) The Commission may enlarge the subject matter with respect to 
which an investigation shall be conducted--
            (A) at the recommendation of the independent counsel, based 
        on facts that come to the knowledge of the independent counsel 
        during an investigation; or
            (B) in response to a request for review and sworn statement 
        alleging new facts that is presented to the Commission by any 
        person prior to the conclusion of an investigation.
    (d) General Authorities.--(1) An independent counsel may--
            (A) make such expenditures;
            (B) hold such hearings;
            (C) require by subpoena or otherwise the attendance of such 
        witnesses and the production of such correspondence, books, 
        papers, documents, or other records of any kind;
            (D) administer such oaths;
            (E) take such testimony orally or by deposition; and
            (F) employ and fix the compensation of such assistant 
        counsel, investigators, technical assistants, consultants, and 
        clerical staff as the independent counsel deems advisable.
    (2) An independent counsel may procure the temporary services (not 
in excess of 1 year) or intermittent services of consultants by 
contract as independent contractors or by employment at daily rates of 
compensation not in excess of the per diem equivalent of the highest 
rate of compensation that may be paid to a regular employee of the 
Committee on Rules and Administration.
    (e) Use of Services, Facilities, Information, and Employees.--(1) 
With the consent of the department or agency concerned, an independent 
counsel may--
            (A) use the services, facilities, and information of any 
        department or agency of the United States; and
            (B) employ on a reimbursable basis or otherwise the 
        services of such personnel of such a department or agency as 
        the independent counsel deems advisable.
    (2) With the consent of the committee, subcommittee, or office 
concerned, an independent counsel may use the services, facilities, and 
information of any committee, subcommittee, or office of the Senate 
when the independent counsel determines that to do so is necessary and 
appropriate.
    (f) Opportunity To Be Heard.--An independent counsel shall provide 
a person that is the subject of an investigation notice of the 
investigation and a full opportunity to respond orally and in writing 
and submit evidence in response to allegations made concerning the 
person.
    (g) Report and Recommendation.--(1) At the conclusion of an 
investigation, an independent counsel shall submit to the members of 
the Senate a report that--
            (A) states findings of fact made in the investigation;
            (B) states any conclusions that may be drawn with respect 
        to whether improper conduct or a violation of law has occurred; 
        and
            (C) recommends an appropriate sanction for any improper 
        conduct or violation of law that is found to have occurred.
    (2) A sanction recommended by an independent counsel in a report 
under paragraph (1) may include--
            (A) in the case of improper conduct or a violation of law 
        by a Member of the Senate, censure, expulsion, or 
        recommendation to the appropriate party conference regarding 
        the Member's seniority or position of responsibility; and
            (B) in the case of improper conduct or a violation of law 
        by an officer or employee of the Senate, suspension or 
        dismissal from employment by the Senate.
    (3) At any time at which an independent counsel finds facts that 
give reason to believe that a violation of law has occurred, the 
independent counsel shall report those facts to the appropriate Federal 
or State law enforcement authorities.
    (h) Senate Action.--After a report is submitted under subsection 
(g), any member of the Senate may introduce a resolution proposing that 
the Senate adopt the report of the independent counsel with or without 
modification and impose an appropriate sanction.
    (i) Payment of Expenses.--Expenses of the Commission and 
compensation and expenses of an independent counsel shall be paid out 
of the contingent fund of the Senate.

SEC. 4. TRANSFER OF FUNCTIONS TO THE COMMITTEE ON RULES AND 
              ADMINISTRATION.

    (a) Amendment of Rule XXV.--Paragraph 1(n) of rule XXV of the 
Standing Rules of the Senate is amended--
            (1) by striking ``and'' at the end of clause (2)(A);
            (2) by striking the period at the end of clause (2)(B) and 
        inserting ``; and'';
            (3) by adding at the end of clause (2) the following new 
        subclauses:
            ``(C) administer the reporting requirements of title I of 
        the Ethics in Government Act of 1978 (5 U.S.C. App.);
            ``(D) recommend to the Senate, by report or resolution, 
        such additional rules or regulations as the committee 
        determines to be necessary or desirable to ensure proper 
        standards of conduct by members, officers, and employees of the 
        Senate in the performance of their duties and the discharge of 
        their responsibilities;
            ``(E) issue interpretative rulings explaining and 
        clarifying the application of any law, the Code of Official 
        Conduct, or any rule or regulation of the Senate within its 
        jurisdiction;
            ``(F) render an advisory opinion, in writing within a 
        reasonable time, in response to a written request by a Member 
        or officer of the Senate or a candidate for nomination for 
        election, or election to the Senate, concerning the application 
        of any law, the Senate Code of Official Conduct, or any rule or 
        regulation of the Senate within its jurisdiction to a specific 
        factual situation pertinent to the conduct or proposed conduct 
        of the person seeking the advisory opinion;
            ``(G) in its discretion render an advisory opinion in 
        writing within a reasonable time in response to a written 
        request by any employee of the Senate concerning the 
        application of any law, the Senate Code of Official Conduct, or 
        any rule or regulation of the Senate within its jurisdiction to 
        a specific factual situation pertinent to the conduct or 
        proposed conduct of the person seeking the advisory opinion;
            ``(H) perform the functions assigned to the Select 
        Committee on Standards and Conduct of the Senate in section 6 
        of Public Law 93-191 (2 U.S.C. 502); and
            ``(I) be deemed to be an `employing agency' under section 
        7342(a)(6)(B) in place of the Select Committee on Ethics.''; 
        and
            (4) by adding at the end the following new clauses:
    ``(3)(A) Notwithstanding any provision of the Senate Code of 
Official Conduct or any rule or regulation of the Senate, a person who 
relies on any provision or finding of an advisory opinion rendered 
under clause (2) (F) or (G) and who acts in good faith in accordance 
with the provisions and findings of such an advisory opinion shall not, 
as a result of any such act, be subject to any sanction by the Senate.
    ``(B) An advisory opinion rendered under clause (2) (F) or (G) may 
be relied on by--
            ``(i) any person involved in the specific transaction or 
        activity with respect to which the advisory opinion is rendered 
        if the request for the advisory opinion included a complete and 
        accurate statement of the specific factual situation; and
            ``(ii) any person involved in any specific transaction or 
        activity which is indistinguishable in all its material aspects 
        from the transaction or activity with respect to which the 
        advisory opinion is rendered.
    ``(C) An advisory opinion rendered under clause (2) (F) or (G) 
shall be printed in the Congressional Record with appropriate deletions 
to assure the privacy of the individual concerned. Before rendering an 
advisory opinion the committee shall, to the extent practicable, 
provide any interested party with an opportunity to transmit written 
comments to the committee with respect to the request for such advisory 
opinion. The advisory opinions issued by the committee shall be 
compiled, indexed, reproduced, and made available on a periodic basis.
    ``(D) A brief description of a waiver granted under section 
102(a)(2)(B) of title I of Ethics in Government Act of 1978 (5 U.S.C. 
App.) or paragraph 1 of rule XXXV shall be made available upon request 
in the committee office with appropriate deletions to assure the 
privacy of the person concerned.
    ``(4)(A) The responsibilities of the Committee on Rules and 
Administration under clause (3) (C), (D), (E), (F), (G), (H), and (I) 
and under the Senate Code of Official Conduct shall be administered by 
a Subcommittee on Ethics comprised of an equal number of members of the 
major political parties.
    ``(B) A determination made or action taken by the Subcommittee on 
Ethics may be modified by--
            ``(i) the Committee on Rules and Administration by a vote 
        of the majority of the members of each of the major political 
        parties; or
            ``(ii) resolution of the Senate.''.
    (b) Amendment of Senate Code of Official Conduct.--Rules XXXV, 
XXXVII, and XLI of the Standing Rules of the Senate are amended--
            (1) by striking ``Select Committee on Ethics'' each place 
        it appears and inserting ``Committee on Rules and 
        Administration''; and
            (2) by striking ``Select Committee'' each place it appears 
        and inserting ``Committee on Rules and Administration''.

SEC. 5. ABOLISHMENT OF SELECT COMMITTEE ON ETHICS.

    Effective on the date that the initial 8 members of the Commission 
take office, the following resolutions are repealed:
            (1) Senate Resolution 338, 88th Cong., 2d Sess., 100 Cong. 
        Rec. 16939 (1964).
            (2) Senate Resolution 223, 96th Cong., 1st Sess., 125 Cong. 
        Rec. 22471 (1979).
            (3) Senate Resolution 290, 96th Cong., 1st Sess., 125 Cong. 
        Rec. 33623 (1979).
            (4) Senate Resolution 425, 97th Cong., 2nd Sess., 128 Cong. 
        Rec. 20820 (1982).

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SRES 23 IS----2