[Congressional Record Volume 145, Number 155 (Friday, November 5, 1999)]
[Senate]
[Pages S14096-S14097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 222--TO REVISE THE PROCEDURES OF THE SELECT COMMITTEE 
                               ON ETHICS

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

                              S. Res. 222

       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,

[[Page S14097]]

     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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