[Congressional Record Volume 141, Number 1 (Wednesday, January 4, 1995)]
[Senate]
[Page S420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 SENATE RESOLUTION 21--TO AMEND SENATE RESOLUTION 338 RELATING TO THE 
              MEMBERSHIP OF THE SELECT COMMITTEE ON ETHICS

  Mr. HELMS submitted the following resolution; which was ordered to be 
placed on the Calendar:

                               S. Res. 21

       Resolved, That (a) subsection (a) of the first section of 
     Senate Resolution 338, agreed to July 23, 1964 (88th 
     Congress, 2d session), is amended to read as follows: 
     ``(a)(1) there is hereby established a permanent select 
     committee of the Senate to be known as the Select Committee 
     on Ethics (referred to in this resolution as the `Select 
     Committee') consisting of 6 members all of whom shall be 
     private citizens. Three members of the Select Committee shall 
     be selected by the Majority Leader and 3 shall be selected by 
     the Minority Leader. Each member of the Select Committee 
     shall serve 6 years except that the Majority Leader and the 
     Minority Leader when making their initial appointments shall 
     each designate 1 member to serve only 2 years and 1 member to 
     serve only 4 years. At least 2 members of the Select 
     Committee shall be retired Federal judges, and at least 2 
     members of the Select Committee shall be former members of 
     the Senate. Members of the Select Committee may be 
     reappointed.
       ``(2) The Select Committee shall select a chairman and a 
     vice chairman from among its members.
       ``(3) Members of the Select Committee shall serve without 
     compensation buy shall be entitled to travel and per diem 
     expenses in accordance with the rules and regulations of the 
     Senate.''.
       (b) Subsection (e) of the first section of Senate 
     Resolution 338 (as referred to in subsection (a)) is 
     repealed.

  Mr. HELMS. Mr. President, during the last Congress neither the Senate 
nor the news media gave serious consideration toward making overdue 
changes in the Senate Ethics Committee.
  However, it's a safe assumption that when the next heated allegation 
comes before the Ethics Committee, a great deal will be heard about how 
the committee's structure renders it incapable of conducting its 
business with the public's full confidence. That criticism will be 
justified--unless the Senate takes steps now to correct the situation.
  Therefore, Mr. President, the purpose of the Senate resolution I am 
offering today is to avoid such criticism in the future by beginning 
now earnest consideration of plans to restructure the Ethics Committee.
  Mr. President, there must never again be a repeat of the Keating Five 
scenario which dragged on for months on end and ultimately cost the 
Senate a great deal in terms of public confidence. Having been a member 
of the Ethics Committee during the ordeal, I certainly imply no 
criticism of anyone who participated in the Keating Five proceedings; 
the fault was in the system--not in those who were trying to make the 
system work.
  The bottom line is that it took the Senate Ethics Committee almost 2 
years to consider the Keating matter--it voted to commence its 
preliminary inquiry on December 21, 1989, and transmitted its report to 
the Senate on November 19, 1991. At that time, there was a chorus--from 
all across the political spectrum--demanding a reform of the Ethics 
Committee and its procedures.
  The Senate resolution which I am offering today, is certainly no end-
all be-all--it is merely a starting point for discussion. The 
resolution proposes that the work of the current Ethics Committee be 
done by a committee of six private citizens--not Senators. At least two 
members should be retired Federal judges; and another two should be 
former members of the Senate.
  Three of the six members will be selected by the majority leader
   and three by the minority leader. Each member will serve 6 years--
except when initial appointments are made, at which time the terms will 
be staggered. Members of the committee will serve without 
compensation--but will be entitled to reimbursement for travel and per 
diem expenses in accordance with the rules and regulations of the 
Senate.

  I should emphasize again for the purpose of emphasis that this 
proposal is only a starting point. It is important, however, that we 
get started in reforming the Ethics Committee before the Senate is 
faced with another ethical dilemma on the front pages of the Nation's 
newspapers.
  Mr. President, some discussion was given to reforming the Senate 
Ethics Committee in the last Congress by the Joint Committee on the 
Organization of Congress. A proposal similar to the one outlined in my 
resolution was discussed at hearings held by the Joint Committee--but 
was not included in committee's final proposal--even though it was 
endorsed by Senator Bryan, the then-chairman of the Ethics Committee. 
The only changes the Joint Committee in fact approved regarding the 
Ethics Committee were new standards on disciplinary sanctions.
  The Senate too often has been found lagging in proposals to reform 
itself--thus becoming targets for media accusations of indifference and 
institutional arrogance. We have an opportunity with the proposed 
resolution, on the other hand, to start a process by which a strong 
signal may be sent to the American people that we are in fact willing 
to change with regards to the manner in which this institution polices 
its own members.
  Mr. President, the American people expect the power entrusted 
Senators to be used for the public good and never for our own benefit 
or the benefit of the few. Likewise, the American people have a right 
to expect that Senators who abuse their power and the public trust to 
be held accountable for their actions--swiftly and justly.
  I fully expect, and welcome, suggestion for accomplishing this goal. 
There will be, and should be, other ideas for reforming the Ethics 
Committee, ideas that no doubt will enhance and improve the suggestions 
I am making in my resolution. I reiterate: The time to begin is now, 
not when the Senate finds itself--again--in the midst of another 
institutional crisis.

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