[Congressional Record Volume 142, Number 125 (Thursday, September 12, 1996)]
[House]
[Page H10350]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     ETHICS COMMITTEE INVESTIGATION

  The SPEAKER pro tempore. Under a previous order of theHouse, the 
gentleman from California [Mr. Miller] is recognized for 5 minutes.
  Mr. MILLER of California. Mr. Speaker, just a few moments ago, a 
member of theHouse Ethics Committee from Florida came and spoke about 
the rules of that committee. Earlier today we had a discussion on this 
floor. In fact, we were prevented from having a discussion about 
whether or not that committee should release a report that is currently 
before it with respect to the activities of Speaker Gingrich and the 
tax laws of this country and the misuse of nonprofit charitable 
foundations in political campaigns.
  The speaker said that apparently they could not release the report, 
and the chairman of that committee has said they cannot release that 
report, that the rules do not allow for it.
  I would refer them to the rules of theHouse which have been mimicked 
in the rules of the committee. It said, no information or testimony 
received--


                             point of order

  Mr. WELDON of Pennsylvania. Mr. Speaker, I have a point of order.
  The SPEAKER pro tempore. The gentleman from Pennsylvania will state 
his point of order.
  Mr. WELDON of Pennsylvania. Mr. Speaker, my point of order is, the 
gentleman is proceeding out of order. This is a matter before the 
Ethics Committee. The gentleman knows the rules of this body.
  Mr. MILLER of California. Mr. Speaker, if I may be heard on the point 
of order.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California [Mr. Miller].
  Mr. MILLER of California. Mr. Speaker, the previous speaker from 
Florida got up and was talking about his initiative to reform the rules 
of theHouse Ethics Committee and stated about whether or not a report 
could be released or information can be released. I am differing with 
the gentleman with respect to that statement and the statement of the 
rules of theHouse. I believe the rules of the Ethics Committee are not 
a matter before the committee.
  The SPEAKER pro tempore. The Chair will remind Members to refrain 
from discussing specific official conduct cases.
  The gentleman from California [Mr. Miller] may proceed in order.
  Mr. MILLER of California. The point being this, if I can finish 
reading this section: That no information or testimony received or the 
contents of a complaint or the fact of a finding, of a filing shall be 
publicly disclosed by any committee or staff member unless, unless 
specifically authorized in each instance by a vote of the full 
committee. The point being this: Any report that is before the 
committee on House ethics at any time can be released by a vote of that 
committee. Should the committee choose not to vote, that report will 
continue to be secret. If the committee shall choose to vote, that 
report will become public both to the Members of this House and to the 
Members of the public in general.
  This issue, this issue about the committee's ability to release or 
not release a report is not one of first impression before this 
Congress. It was raised in 1988 in the matter regarding Speaker Jim 
Wright. At that time Congressman Newt Gingrich, not then-Speaker but 
now-Speaker, Congressman Newt Gingrich wrote to the gentleman from 
California, Julian Dixon, then chairman of the Ethics Committee, and 
said to him that he believed that it was absolutely essential that all 
435 Members of this House have access to the reports and to 
information.
  He went on to list, I believe, eight or nine criteria in that letter 
that he believed should be invoked, the most important of which have 
not been currently done in this session of the Congress. That is that 
any special or independent counsel appointed by the Ethics Committee 
shall have the ability to conduct a free and full investigation, that 
the committee shall in no way hamper that, the committee shall only 
cooperate, and that that special counsel shall have the discretion from 
time to time to make a decision to release information or to make 
public statements.
  Speaker Gingrich in 1988 said he had serious concerns about whether 
or not the Ethics Committee was engaging in that fashion, asked for the 
release of the report on Speaker Wright before the subcommittee had a 
chance to fully consider it or the full committee and all, all relevant 
documents, transcripts, statements, interviews of any witnesses before 
that committee.
  Now we find that in fact we are told that we cannot adhere to what 
has been the policy of the Ethics Committee from its inception on a 
bipartisan basis to deliver to this Congress and to the people of this 
country a report on ethical charges by any Member against any other 
Member, by members of the public against Members, an unbiased report.
  The problem that we have today is the problem that we had in 1988. 
Again, that problem was recognized by Speaker Gingrich when he stated 
that it was simply untenable for the American public to believe and for 
Members of this House to believe that we could have a free and open and 
fair investigation of the most powerful Member of this House, the 
Speaker of theHouse of Representatives, by the Ethics Committee, and 
there should be in place at all times a free and fair investigation by 
an independent and special counsel.

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