[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 222 Agreed to Senate (ATS)]







106th CONGRESS
  1st Session
S. RES. 222

      To revise the procedures of the Select Committee on Ethics.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1999

  Mr. Smith of New Hampshire (for himself and Mr. Reid) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
      To revise the procedures of the Select Committee on Ethics.

    Resolved,

SECTION 1. SHORT TITLE.

    This resolution may be cited as the ``Senate Ethics Procedure 
Reform Resolution of 1999''.

SEC. 2. ESTABLISHMENT AND MEMBERSHIP OF THE SELECT COMMITTEE.

    The first section of Senate Resolution 338, agreed to July 24, 1964 
(88th Congress, 2d Session) (referred to as the ``resolution'') is 
amended--
            (1) in subsection (c), by amending paragraph (1) to read as 
        follows:
    ``(1) A majority of the members of the Select Committee shall 
constitute a quorum for the transaction of business involving 
complaints or allegations of, or information about, misconduct, 
including resulting preliminary inquiries, adjudicatory reviews, 
recommendations or reports, and matters relating to Senate Resolution 
400, agreed to May 19, 1976.'';
            (2) in subsection (d), by amending paragraph (1) to read as 
        follows:
    ``(1) A member of the Select Committee shall be ineligible to 
participate in--
            ``(A) any preliminary inquiry or adjudicatory review 
        relating to--
                    ``(i) the conduct of--
                            ``(I) such member;
                            ``(II) any officer or employee the member 
                        supervises; or
                            ``(III) any employee of any officer the 
                        member supervises; or
                    ``(ii) any complaint filed by the member; and
            ``(B) the determinations and recommendations of the Select 
        Committee with respect to any preliminary inquiry or 
        adjudicatory review described in subparagraph (A).
For purposes of this paragraph, a member of the Select Committee and an 
officer of the Senate shall be deemed to supervise any officer or 
employee consistent with the provision of paragraph 12 of rule XXXVII 
of the Standing Rules of the Senate.'';
            (3) in subsection (d)(2), by amending the first sentence to 
        read as follows: ``A member of the Select Committee may, at the 
        discretion of the member, disqualify himself or herself from 
        participating in any preliminary inquiry or adjudicatory review 
        pending before the Select Committee and the determinations and 
        recommendations of the Select Committee with respect to any 
        such preliminary inquiry or adjudicatory review.''; and
            (4) in subsection (d), by amending paragraph (3) to read as 
        follows:
    ``(3) Whenever any member of the Select Committee is ineligible 
under paragraph (1) to participate in any preliminary inquiry or 
adjudicatory review or disqualifies himself or herself under paragraph 
(2) from participating in any preliminary inquiry or adjudicatory 
review, another Senator shall, subject to the provisions of subsection 
(d), be appointed to serve as a member of the Select Committee solely 
for purposes of such preliminary inquiry or adjudicatory review and the 
determinations and recommendations of the Select Committee with respect 
to such preliminary inquiry or adjudicatory review. Any Member of the 
Senate appointed for such purposes shall be of the same party as the 
Member who is ineligible or disqualifies himself or herself.''.

SEC. 3. DUTIES OF THE SELECT COMMITTEE.

    Section 2 of the resolution is amended--
            (1) in subsection (a), by striking paragraphs (2), (3), and 
        (4) and inserting the following:
            ``(2)(A) recommend to the Senate by report or resolution by 
        a majority vote of the full committee disciplinary action to be 
        taken with respect to such violations which the Select 
        Committee shall determine, after according to the individual 
        concerned due notice and opportunity for a hearing, to have 
        occurred;
            ``(B) pursuant to subparagraph (A) recommend discipline, 
        including--
                    ``(i) in the case of a Member, a recommendation to 
                the Senate for expulsion, censure, payment of 
                restitution, recommendation to a Member's party 
                conference regarding the Member's seniority or 
                positions of responsibility, or a combination of these; 
                and
                    ``(ii) in the case of an officer or employee, 
                dismissal, suspension, payment of restitution, or a 
                combination of these;
            ``(3) subject to the provisions of subsection (e), by a 
        unanimous vote of 6 members, order that a Member, officer, or 
        employee be reprimanded or pay restitution, or both, if the 
        Select Committee determines, after according to the Member, 
        officer, or employee due notice and opportunity for a hearing, 
        that misconduct occurred warranting discipline less serious 
        than discipline by the full Senate;
            ``(4) in the circumstances described in subsection (d)(3), 
        issue a public or private letter of admonition to a Member, 
        officer, or employee, which shall not be subject to appeal to 
        the Senate;
            ``(5) recommend to the Senate, by report or resolution, 
        such additional rules or regulations as the Select Committee 
        shall determine to be necessary or desirable to insure proper 
        standards of conduct by Members of the Senate, and by officers 
        or employees of the Senate, in the performance of their duties 
        and the discharge of their responsibilities;
            ``(6) by a majority vote of the full committee, report 
        violations of any law, including the provision of false 
        information to the Select Committee, to the proper Federal and 
        State authorities; and
            ``(7) develop and implement programs and materials designed 
        to educate Members, officers, and employees about the laws, 
        rules, regulations, and standards of conduct applicable to such 
        individuals in the performance of their duties.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) For the purposes of this resolution--
            ``(1) the term `sworn complaint' means a written statement 
        of facts, submitted under penalty of perjury, within the 
        personal knowledge of the complainant alleging a violation of 
        law, the Senate Code of Official Conduct, or any other rule or 
        regulation of the Senate relating to the conduct of individuals 
        in the performance of their duties as Members, officers, or 
        employees of the Senate;
            ``(2) the term `preliminary inquiry' means a proceeding 
        undertaken by the Select Committee following the receipt of a 
        complaint or allegation of, or information about, misconduct by 
        a Member, officer, or employee of the Senate to determine 
        whether there is substantial credible evidence which provides 
        substantial cause for the Select Committee to conclude that a 
        violation within the jurisdiction of the Select Committee has 
        occurred; and
            ``(3) the term `adjudicatory review' means a proceeding 
        undertaken by the Select Committee after a finding, on the 
        basis of a preliminary inquiry, that there is substantial 
        credible evidence which provides substantial cause for the 
        Select Committee to conclude that a violation within the 
        jurisdiction of the Select Committee has occurred.'';
            (3) in subsection (c), by amending paragraph (1) to read as 
        follows:
    ``(1) No--
            ``(A) adjudicatory review of conduct of a Member or officer 
        of the Senate may be conducted;
            ``(B) report, resolution, or recommendation relating to 
        such an adjudicatory review of conduct may be made; and
            ``(C) letter of admonition pursuant to subsection (d)(3) 
        may be issued,
unless approved by the affirmative recorded vote of no fewer than 4 
members of the Select Committee.'';
            (4) by amending subsection (d) to read as follows:
    ``(d)(1) When the Select Committee receives a sworn complaint or 
other allegation or information about a Member, officer, or employee of 
the Senate, it shall promptly conduct a preliminary inquiry into 
matters raised by that complaint, allegation, or information. The 
preliminary inquiry shall be of duration and scope necessary to 
determine whether there is substantial credible evidence which provides 
substantial cause for the Select Committee to conclude that a violation 
within the jurisdiction of the Select Committee has occurred. The 
Select Committee may delegate to the chairman and vice chairman the 
discretion to determine the appropriate duration, scope, and conduct of 
a preliminary inquiry.
    ``(2) If, as a result of a preliminary inquiry under paragraph (1), 
the Select Committee determines by a recorded vote that there is not 
such substantial credible evidence, the Select Committee shall dismiss 
the matter. The Select Committee may delegate to the chairman and vice 
chairman the authority, on behalf of the Select Committee, to dismiss 
any matter that they determine, after a preliminary inquiry, lacks 
substantial merit. The Select Committee shall inform the individual who 
provided to the Select Committee the complaint, allegation, or 
information, and the individual who is the subject of the complaint, 
allegation, or information, of the dismissal, together with an 
explanation of the basis for the dismissal.
    ``(3) If, as a result of a preliminary inquiry under paragraph (1), 
the Select Committee determines that a violation is inadvertent, 
technical, or otherwise of a de minimis nature, the Select Committee 
may dispose of the matter by issuing a public or private letter of 
admonition, which shall not be considered discipline. The Select 
Committee may issue a public letter of admonition upon a similar 
determination at the conclusion of an adjudicatory review.
    ``(4) If, as the result of a preliminary inquiry under paragraph 
(1), the Select Committee determines that there is such substantial 
credible evidence and the matter cannot be appropriately disposed of 
under paragraph (3), the Select Committee shall promptly initiate an 
adjudicatory review. Upon the conclusion of such adjudicatory review, 
the Select Committee shall report to the Senate, as soon as 
practicable, the results of such adjudicatory review, together with its 
recommendations (if any) pursuant to subsection (a)(2).'';
            (5) by amending subsection (e) to read as follows:
    ``(e)(1) Any individual who is the subject of a reprimand or order 
of restitution, or both, pursuant to subsection (a)(3) may, within 30 
days of the Select Committee's report to the Senate of its action 
imposing a reprimand or order of restitution, or both, appeal to the 
Senate by providing written notice of the basis for the appeal to the 
Select Committee and the presiding officer of the Senate. The presiding 
officer of the Senate shall cause the notice of the appeal to be 
printed in the Congressional Record and the Senate Journal.
    ``(2) A motion to proceed to consideration of an appeal pursuant to 
paragraph (1) shall be highly privileged and not debatable. If the 
motion to proceed to consideration of the appeal is agreed to, the 
appeal shall be decided on the basis of the Select Committee's report 
to the Senate. Debate on the appeal shall be limited to 10 hours, which 
shall be divided equally between, and controlled by, those favoring and 
those opposing the appeal.'';
            (6) by amending subsection (g) to read as follows:
    ``(g) Notwithstanding any other provision of this section, no 
adjudicatory review shall be initiated of any alleged violation of any 
law, the Senate Code of Official Conduct, rule, or regulation which was 
not in effect at the time the alleged violation occurred. No provisions 
of the Senate Code of Official Conduct shall apply to or require 
disclosure of any act, relationship, or transaction which occurred 
prior to the effective date of the applicable provision of the Code. 
The Select Committee may initiate an adjudicatory review of any alleged 
violation of a rule or law which was in effect prior to the enactment 
of the Senate Code of Official Conduct if the alleged violation 
occurred while such rule or law was in effect and the violation was not 
a matter resolved on the merits by the predecessor Select Committee.''; 
and
            (7) by amending subsection (h) to read as follows:
    ``(h) The Select Committee shall adopt written rules setting forth 
procedures to be used in conducting preliminary inquiries and 
adjudicatory reviews.''.

SEC. 4. AUTHORITY OF THE SELECT COMMITTEE.

    Section 3 of the resolution is amended--
            (1) in subsection (b), by amending paragraph (2) to read as 
        follows:
    ``(2) Any adjudicatory review as defined in section 2(b)(3) shall 
be conducted by outside counsel as authorized in paragraph (1), unless 
the Select Committee determines not to use outside counsel.''; and
            (2) by amending subsection (d) to read as follows:
    ``(d)(1) Subpoenas may be authorized by--
            ``(A) the Select Committee; or
            ``(B) the chairman and vice chairman, acting jointly.
    ``(2) Any such subpoena shall be issued and signed by the chairman 
and the vice chairman and may be served by any person designated by the 
chairman and vice chairman.
    ``(3) The chairman or any member of the Select Committee may 
administer oaths to witnesses.''.

SEC. 5. EFFECTIVE DATE OF AMENDMENTS.

    The amendments made by this resolution shall take effect on the 
date this resolution is agreed to, except that the amendments shall not 
apply with respect to further proceedings in any preliminary inquiry, 
initial review, or investigation commenced before that date under 
Senate Resolution 338, agreed to July 24, 1964 (88th Congress, 2d 
Session).
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