[Congressional Record Volume 167, Number 47 (Friday, March 12, 2021)]
[Extensions of Remarks]
[Pages E245-E246]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 COMMITTEE ON ETHICS SPECIAL POLICIES AND PROCEDURES RELATING TO FINE 
                       NOTIFICATIONS AND APPEALS

                                 ______
                                 

                        HON. THEODORE E. DEUTCH

                               of florida

                    in the house of representatives

                         Friday, March 12, 2021

  Mr. DEUTCH. Madam Speaker, pursuant to section 1(e) of House 
Resolution 73, 117th Congress, and clause 3(g)(4) of House Rule II, I 
hereby submit the following special policies and procedures adopted by 
the Committee on Ethics on March 9, 2021, for printing in the 
Congressional Record.

  Special Policies and Procedures Relating to Fine Notifications and 
                                Appeals

          (Adopted by the Committee on Ethics--March 9, 2021)

       1. Upon receipt of a fine notification under House Rule II 
     or H. Res. 73, the Committee will send a letter to the 
     Sergeant at Arms, U.S. Capitol Police, and/or Chief 
     Administrative Officer requesting that they preserve all 
     records of any reviews, determinations, or decisions 
     regarding the alleged violation(s) and any additional 
     information, including

[[Page E246]]

     video recordings of the alleged violation(s). Also, the 
     Committee will send a letter to the Member notifying them of 
     their right to appeal, the deadline by which to file an 
     appeal, the Committee's special policies and procedures, and 
     noting that an appeal to the Committee shall include a 
     response to the findings issued by the Sergeant at Arms, and 
     may include the basis for the appeal, a description of the 
     occurrence precipitating the fine, any exculpatory 
     information, any request to appear before the Committee, and 
     any additional information that the appellant believes will 
     assist the Committee in considering the appeal. In addition, 
     for receipt of any fine notification under H. Res. 73, the 
     Committee shall notify the Member of the Committee's 
     obligation to publish the fine notification.
       2. For a fine notification received under H. Res. 73, the 
     Chair and Ranking Member will make the notification public 
     within two business days of receipt. The Committee will 
     provide the subject of the fine with notice of publication 
     one business day prior to release.
       3. The Chair and Ranking Member may make redactions to the 
     public fine notification received under H. Res. 73 as they 
     deem necessary to protect certain personally identifiable 
     information or other sensitive details.
       4. In appealing a fine to the Committee, the appellant may 
     be represented by counsel at their own expense.
       5. Upon receipt of an appeal of a fine, the Committee will 
     send a letter confirming its receipt of the appeal and 
     notifying the appellant that it will consider the appeal 
     within 30 calendar days. Also, upon receipt of an appeal, the 
     Committee will send a letter to the Sergeant at Arms, U.S. 
     Capitol Police, and/or Chief Administrative Officer 
     requesting that they provide the Committee with a copy of all 
     records of any reviews, determinations, or decisions 
     regarding the alleged violation(s) and any additional 
     information, including video recordings of the alleged 
     violation(s).
       6. If the written appeal does not provide sufficient 
     information to fully assess an appeal, the Chair and Ranking 
     Member may jointly authorize staff to request additional 
     information from the appellant.
       7. If an appellant asserts there are factual errors with 
     the findings and any supporting documentation, the Chair and 
     Ranking Member will request a response from the Sergeant at 
     Arms and the U.S. Capitol Police. The Chair and Ranking 
     Member may also jointly seek additional information from 
     other sources.
       8. The Chair or Ranking Member, consistent with Committee 
     Rule 5(b), may place consideration of an appeal on the agenda 
     at any time. If no meeting of the Committee is scheduled to 
     occur within 30 days of receipt of an appeal, the Chair will 
     make reasonable efforts to convene a meeting during that time 
     period.
       9. Members of the Committee will be provided any 
     information needed for consideration of the appeal not later 
     than three days prior to any meeting in which the appeal will 
     be considered, whenever possible.
       10. The Committee may agree to an appeal if it determines 
     the fine is (a) arbitrary and capricious, an abuse of 
     discretion, or otherwise not consistent with law or with 
     principles of fairness; (b) not made consistent with required 
     procedures; or (c) unsupported by substantial evidence.
       11. The Chair and Ranking Member will notify the Speaker, 
     the Sergeant at Arms, Chief Administrative Officer, and the 
     public of the determination regarding a fine appeal (or that 
     no appeal has been filed) two business days after such 
     determination (or the expiration of the appeal period), and 
     will also publish the written appeal if the appellant so 
     chooses. The Committee will provide the subject of the fine 
     with notice of publication one business day prior to release.

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